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 VI. 1776

October 9–December 31

WASHINGTON GOVERNMENT PRINTING OFFICE

1906

Two letters from General Schuyler, of the 3d, with sundry letters enclosed, were laid before Congress, and read: 1

Resolved , That they be referred to the Board of War, and that the letters heretofore received from General Washington, General Schuyler, and all other general officers, with the papers enclosed, be lodged in the War Office.

Resolved , That two months' pay be advanced to Major Pierre François de Bois, he to be accountable.

A petition from Jean Baccarère and his partner, was presented to Congress, and read.

Resolved , That it be referred to the Marine Committee.

Application being made in behalf of Captain Dirks, late from Surinam, to be taken into the service of the Continent, as an engineer,

Resolved , That he be referred to the Board of War.

The committee appointed to prepare the form of a bond to be given by Charles Lee, for the 30,000 dollars advanced to him, brought in the same, which was agreed to.

Congress resumed the consideration of the report of the committee who went to the camp; 2 Whereupon,

Resolved , That no regimental hospitals be, in future, allowed in the neighborhood of the general hospital:

That John Morgan, Esq r . provide and superintend a hospital, at a proper distance from the camp, for the army posted on the east side of Hudson's river.

That William Shippen, [Jun.] Esq r . provide and superintend and hospital for the army, in the state of New Jersey:

That each of the hospitals be supplied by the respective directors with such a number of surgeons, apothecaries, 0004 858 surgeons' mates, and other assistants, and also with such quantities of medicine, bedding, and other necessaries, as they shall judge expedient:

That they make weekly returns to Congress and the commander in chief, of the officers and assistants of each denomination, and also the number of sick and deceased in their respective hospitals:

That the regimental surgeons be directed to send to the general hospitals such officers and soldiers of their respective regiments, as, confined by wounds or other disorders, shall require nurses or constant attendance, and, from time to time, to apply to the quarter master general, or his deputy, for convenient waggons for this purpose; also, [that they apply to the directors in their respective departments, for medicines and other necessaries:] 1

That the wages of nurses be augmented to one dollar per week:

That the commanding officer of each regiment be directed, once a week, to send a commission officer to visit the sick of his respective regiment in the general hospital, and report their state to him:

That a commissary of cloathing be appointed for each of the armies of the United States, whose duty shall be to make constant returns to the assemblies or conventions of the respective states, of the cloathing wanted for their several regiments, to receive and pay for the same, to deliver it to the pay masters of the respective regiments, to be by them distributed to the non-commissioned officers and soldiers, and deducted from their wages respectively, unless allowed as a bounty by order of Congress:

Resolved, That for ye immediate Relief of ye Army it be recommended to ye Assemblies, and Conventions from Virginia, to New Hampshire inclusively, to employ a suitable Number of persons to 0005 859 apply to each of ye Inhabitants of their respective States and purchase such Articles of Cloathing and Blankets as they can spare for ye Service, and that ye same be sent with Invoices of ye Cost to ye Commissary of Cloathing at New York, the Amount thereof to be by him discharged, and it is also recommended to ye sd Assemblies and Conventions to send to ye Commdr. in Chief at N. York such a Number of Flints as they can supply for ye use of ye Army.

Resolved, That ye Continental Agents of y e States from Pennsylvania to New Hampshire inclusively be directed to purchase all y e Salt offered for Sale in their respective States, and deliver y e Same w'th such other Quantities belonging to y e Continent, as they now have or hereafter may have in their Hands, to y e Commissary General or his order, who is hereby impowered to draw for y e Same, and employ suitable persons to import such other Quantities as he shall judge necessary.

That the commissary general be empowered to employ suitable persons to import such quantities of salt as he shall judge necessary, on account and risque of the United States. 1

That for promoting health in the army, the commissary general be directed to cause the same to be well supplied with Indian meal and vegetables.

Resolved, That a Disciplinarian with y e Dollars per Month and y e Rank of Major General be appointed for y e Army of N. York, whose Duty it shall be constantly to discipline y e Corps of Officers of each Brigade, and report to Congress y e plans adopted for this purpose.

That the commander in chief be empowered to appoint as many conductors for the commissary of stores, and assistants to the commissary of cloathing, as he shall, from time to time, judge necessary, and report their names to Congress:

That there be a deputy commissary of stores for the army at New York, with the pay of thirty dollars per month.

Resolved , That y e Board of War be directed to send to y e Commissary of Stores at New York, 10 Tons Musket and Rifle powder, 20 Tons Buck shot, a Quantity of Tin, as many brass Field peices, 6 and 3 pounders, as they can procure, and that they employ y e overseer of y e Foundry in this place to cast eighteen brass Field peices, 6 pounders and eighteen three pounders, as soon as may be, and order Carriages to be compleated for y e same.

Resolved , That Mr. Maize [Mease] be directed forthwith to send to y e Colo of Artillery at New York 1,000 Yds of fine white Flannel.

Resolved , That y e Board of War be directed to prepare a plan for establishing a continental Laboratory and a military Academy, and providing y e same with proper Officers, also for establishing a suitable Number of Artillery Regiments and a Corps of Artificers for sd Regiments.

Resolved , That the farther consideration of the report be postponed till to Morrow.

Resolved , That the Board of War send 300 lb. of gun powder to Colonel Mark Bird, to prove the cannon he has made for the United States.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

Sundry petitions and memorials were laid before Congress, and read.

One from Daniel Morgan, and one from Captain Smith, Lieutenant Steel and Lieutenant Nichols, ∥late returned from Canada.∥

Resolved , That the said memorials be referred to the Board of Treasury, who are directed to liquidate and settle the accounts enclosed in the said memorials, and to pay allow for such arms as were lost or taken by the enemy in the assault on Quebec.

A petition from Frederick Seegar desiring leave to resign his office as quarter master of the German batallion:

Resolved , That leave be granted.

A petition of John Melchior Neff, and one from Paul Fooks, 1

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

The Marine Committee having recommended Captain Abraham Whipple, of the ship Columbus , to the command of the Providence frigate, at Rhode Island,

Resolved , That he be promoted accordingly.

The Committee farther reported on the rank of the captains of the navy of the United States, which was agreed to as follows:

Guns.

Resolved , That the Marine Committee be empowered to settle the rank of the lieutenants of the navy.

Resolved , That a committee of three be appointed to prepare the form of an oath to be taken by the officers of the army and navy:

The members chosen, Mr. [George] Wythe, Mr. [Thomas] Stone, and Mr. [Robert Treat] Paine.

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

Resolved , That General Schuyler be directed to take such steps as are necessary, for procuring a sufficient number of as large vessels as the navigation of the lakes will admit of, for the service of the states the next campaign, that the command of the lakes may be effectually secured:

That William Patton be appointed third lieutenant in Colonel Hand's regiment, in the place of Lieutenant Clark, resigned:

That the regimental pay masters in the army of these United States, have the rank of first lieutenants, and receive rations as captains:

That General Washington be directed to negotiate with General Howe, an exchange of the officers returned from Canada, and that they have a preference to the officers taken on New York and Long Island:

That General Washington be directed, if he shall judge it necessary, to sink the new ships mentioned in his letter of the 5th instant.

Resolved , That the farther consideration of the report be postponed.

The committee to whom was referred the case of William Faulkner, brought in their report, which was taken into consideration; Whereupon,

Resolved , That William Faulkner, a prisoner confined at Reading, be permitted to return to his family in Tryon county, upon giving his parole.

The committee appointed to devise a plan for providing carriages, brought in a report, which was taken into consideration; Whereupon,

Resolved , That the quarter masters in every department be ordered to avoid pressing horses and carriages, 0009 863 as much as possible; and when it is necessary, that they be directed to go to the country houses for that purpose, and discharge, as soon as the service will possibly admit, such horses and carriages so impressed; and that no violence whatever be done to any persons, their horses or carriages, who go to the camp of their own accord, to sell provisions, or other necessaries of any kind.

An application from the council of safety of Pensylvania was laid before Congress, and read, desiring that a committee of Congress may be appointed to confer with a committee of their body, on the expediency of having troops stationed near the city of Philadelphia, for the defence of Pensylvania. 1

Resolved , That the Board of War be directed to confer with the committee of the council of safety.

A petition of William Mackay was presented to Congress, and read, praying for liberty to return home:

Resolved , That the prayer of his petition be granted.

Resolved , That the following promotions and appointments be made in the Virginia batallions, viz.

That commissions be granted to the following persons in the third Virginia Regiment.

Resolved , That commissions be made out to all the officers of the regiments in the service of the United States, who have been appointed in the places of others resigning and promoted, and bear dates on which the resignations and promotions were respectively made.

A memorial from George Measam was presented to Congress, and read:

Ordered , To lie on the table.

Resolved , That three members be added to the committee of cloathing, in the room of those who are absent:

The members chosen, Mr. [John] Witherspoon, Mr. [Thomas] Stone and Mr. [John] Penn.

Congress took into consideration the report of the Board of War of the 19th of September; Whereupon,

Resolved , That the inhabitants of Canada, captivated by the United States, and not taken in arms, be released and sent home, except St. Luke la Corne and Mons. Rouville, the elder, upon this condition, that they sign a parole that they will not take up arms against the United States, nor give intelligence to the enemies of these states:

That a register be kept of their names.

Resolved , That the Board of War order gun powder to be delivered for proving cannon for the Unites States, upon application to them for that purpose.

The Board of Treasury reported, that there is due,

To Joseph Donaldson, for supplies to recruits to General Lee's guard, and provisions to Captain Grier's company, and a guard with powder to Virginia, 20 60/90ths dollars:

To William Faulkner, a prisoner, sent by General Schuyler to Reading, for his allowance from the 9th day of April to the 7th of October, inclusive, being 26 weeks, at two dollars per week, 52 dollars:

To Captain Hazlewood, Captain Green way and Mr. Bedford, a balance of 267 10/90ths dollars, their whole account of their charge for preparing six sail of fire ships at New York, and their expences going to, in, and coming from, New York to Philadelphia, being 392 10/90ths dollars; of which they have received from S. Moylan, Esq r . quarter master general, the sum of 125 dollars; the remainder is 267 10/90ths dollars.

Ordered , That the said accounts be paid.

Resolved , That to Morrow be assigned for appointing the commissaries of cloathing and deputy commissary of stores.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

Two letters from General Washington, of the 7th and 8 October, with sundry papers enclosed, were laid before Congress, and read: Whereupon, 1

Resolved , That the release of Mons. de Chambault, as proposed by General Washington, on the request of the Count D'Emery, governor general of the French part of St. Domingo, be agreed to:

That the General's letters, with the papers enclosed, be referred to the Board of War.

Resolved , That General Washington be desired, if it be practicable, by every art, and whatever expence, to obstruct effectually the navigation of the North river, between Fort Washington and Mount Constitution, as well to prevent the regress of the enemies' frigates lately gone up, as to hinder them from receiving succours.

The Secret Committee informed Congress that a vessel was arrived at Rhode Island, with sundry articles imported by their order, for account of the United States.

Resolved , That the Secret Committee be directed to report in what manner the goods imported ought, in their opinion, to be disposed of.

Resolved , That Mr. S. Collins be requested to order the tents fit for use, which are found in the possession of 0013 867 William Barrel, lately deceased, to be delivered to Mr. Mease, for the army, and that the amount thereof be paid by Mr. Mease, on application of Mr. Collins, or other person properly authorized for that purpose.

Resolved , That the Marine Committee be directed to deliver over to the direction of the Committee of Secret Correspondence two of the continental cruisers now ready for sea, to perform such voyages as they shall think necessary for the service of these states:

That the Marine Committee give orders to the remainder of the continental cruisers, now in the port of Philadelphia, and ready for sea, to proceed on such voyages, or perform such immediate services, as the Secret Committee shall direct, in writing, addressed to the commanders thereof.

Resolved , That three members be added to the Committee of Secret Correspondence.

The members chosen, Mr. R[ichard] H[enry] Lee, Mr. [John] Witherspoon, and Mr. [William] Hooper.

The Marine Committee to whom was referred the account of Captain Martindale, brought in their report, which was taken into consideration; Whereupon,

Resolved , That there be paid to Captain Sion Martindale the sum of £43 5 3 lawful money, equal to 144 18/90 dollars, in full of expences and disbursements on the brig Washington , and other expences from Halifax to Casco Bay.

The Committee of Treasury reported, that Edward Snickers, of Virginia, produced an account of riffle guns and other articles, furnished for the use of Colonel Stevenson's batallion, amounting to £347 4 0, Virginia currency; of which Captain Abraham Sheppard is to account for £67 15, and the remainder, being £279 9, to be charged to the said batallion; that the said Snickers gives 0014 868 credit for £64 16, money aforesaid, for so much received from Colonel Stevenson, the balance due to said Snickers being £282 8, equal to 941 30/90 dollars, ought to be paid to Thomas Rutherford:

That William Brady, of Colonel Stevenson's batallion, drew an order on Colonel Valentine Crawford, one of the executors of the late Colonel Stevenson, for the use of the said batallion, for the sum of 150 dollars, which order was paid by the said Crawford, and that he ought to be reimbursed the same, which is to be charged to the said Brady:

That they have had under consideration the accounts of Captain Daniel Morgan, amounting, with his own and three lieutenants' pay, the loss of riffles when he was taken at the storm of Quebec, expences of recruiting his company, repairing of guns which he is charged with, and ought to be allowed, in the whole, to 1,389 80/90 dollars:

That the said Morgan credits the several charges against him in the continental books, amounting to 1,614 8½/90 dollars; by which there appears to be a balance due to the public of 224 18½/90 dollars:

Ordered , That the said accounts be paid and credited, agreeable to the said report.

A petition from William Jenkins being laid before Congress was read.

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

Resolved , That General Washington be empowered to appoint a deputy commissary of stores for the army near New York.

The committee appointed to prepare the form of an oath, to be taken by the officers of the army and navy, brought in the same, which was read:

Ordered , To lie on the table.

Resolved , That a member be added to the Marine Committee, in the room of Mr. [Stephen] Hopkins, who is absent.

The member chosen, Mr. [William] Ellery.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock on Monday.

A letter of the 12 from General Lee;

One from General Gates, of the 30 September;

One from General Mercer, of the 10 October; and

One from Joseph Trumbull of the 1, advising that he has drawn on the president in favour of Colonel Lowry, for 60,000 dollars; 1

One from General Washington, of the 7, enclosing a letter from Dr. Morgan, were laid before Congress, and read.

Resolved , That the letters from Generals Lee and Mercer be referred to the Board of War:

That the letter from Dr. Morgan, enclosed in General Washington's letter, be referred to the Medical Committee.

A petition from Francis Mentges was presented to Congress, and read, and referred to the Board of War. 2

The Board of War, to whom were referred General Washington's letters, of the 7 and 8 instant, brought in their report, which was taken into consideration: Whereupon,

Resolved , That General Washington be informed the Congress approve of his appointing Mons r . P. Penet his aid 0016 870 de camp by brevet, and that a commission of aid de camp be accordingly transmitted to him:

That the several states in which prisoners have been lodged, be desired to furnish Congress with an account of such expences as have been incurred by the said states, respectively, on account of the said prisoners:

That all Prisoners captivated by the Army of the United States, postpon'd whether Mechanics or not, be included in the exchange to be made between General Washington and the Enemy.

That the sum of 500,000 dollars be immediately sent to the pay master general, that he may be enabled to pay the bounty to such of the troops as shall re-inlist, to serve during the war. 1

Resolved , That the farther consideration of the report be postponed.

The committee appointed to hear and determine upon the appeal brought against the sentence passed on the libel, ∥Joshua Wentworth∥ vs . the ship Elizabeth , reported as follows:

Joshua Wentworth Esq. for and in behalf as well of the United States of America, as of John Manly, Daniel Waters and John Ayres, commanders of the officers, marines and mariners, of the three armed vessels Hancock, Lee and Lynch , in the service of the said states, having exhibited a libel before Joshua Brackett, Esq. judge of the court maritime of the state of New Hampshire, against the brigantine Elizabeth , commanded by Peter Ramsay, and her cargo, and Richard Hart, of Portsmouth, in New Hampshire, owner of the said brigantine, and William Jackson and others, of Boston, in the state of Massachusetts bay, owners of sundry goods and merchandise on board of her, having put in their several claims thereto, and the said judge of the court aforesaid, having, on the 21 day of August, in the year of our Lord 1776, decreed and ordered the said brigantine, and so much of her cargo as was claimed to be restored to the respective claimants, and 0017 871 that the claimants recover their legal costs of court, from which decree and sentence the said Joshua Wentworth appealed to Congress.

The committee of Congress, to whom it was referred to hear and determine the said appeal, have diligently inspected the proceedings, and heard the parties by their counsel, and it appearing that on the 1st day of October, in the year of our Lord 1775, General Gage, commander in chief of the British forces, then in Boston, in the state of Massachusetts bay, by his commission to Crean Brush, Esq. directed him to receive into his care, all such goods, chattels, and effects of the inhabitants of that town, some of whom had departed from it, as might be voluntarily delivered into his charge by the owners, or by other persons with whom they were left, giving his receipts for them and to deliver them to the owners, when he should be required; that, on the 10th day of March then following, General Howe, who had succeeded General Gage in the command of the British forces, by his commission to the said Crean Brush, reciting, that as he was informed there were large quantities of goods in Boston, which, if in the possession of the rebels (as he termed the Americans) might enable them to carry on war, and that he had given notice to all loyal inhabitants to remove such goods from thence, and that those who should not remove them, or deliver them to the care of the said Crean Brush, would be considered as abettors of rebels, required him to take into his possession all such goods as answered that description, and give certificates to the owners that he had received them for their use, and would deliver them to the owners, unavoidable accidents excepted, and to seize any such goods, as, upon enquiry, should be found secreted, or left in stores, and to put them on board of the Minerva ship, or brigantine Elizabeth . That, thereupon, the said Crean Brush, assisted by other persons, took into his possession the goods of the claimants, amongst others, and put them into the said brigantine Elizabeth , and other vessels in the harbour of Boston, without the knowledge of some of the owners, and without the consent of all the others, unless it be William Jackson and James Jackson, of whose consent, however, there are no other proofs, than that one of them went with his goods, and watched there on the wharf from whence they were shipped, and that the other was a passenger in the said brigantine Elizabeth , in her voyage towards Halifax. That the said Crean Brush, by certificates under his hand, acknowledged several parcels of the said goods to be in his custody, and engaged to preserve them safely, to make up exact invoices thereof, and, with the approbation of the commander in chief, 0018 872 to return them to the owners. That, on the 29th day of March afterwards the said Peter Ramsay, by orders from Admiral Shuldham, of the British fleet, given about eight days before, went on board the said brigantine Elizabeth , into which some of the claimants' goods had been shifted from the other vessels; and the same day, between the hours of three and four o'clock in the afternoon, sailed with her, under convoy of the British ship of war Niger , for Halifax, in Nova Scotia, and that, on the Tuesday following, the said John Manly, in the Hancock , coming up with the said brigantine Elizabeth , which had, in the mean time, parted from her convoy, fired a broadside at her, which was returned by a volley of small arms; when the said Daniel Waters, in the Lee , and the said John Ayres, in the Lynch , joining the said John Manly, the said Peter Ramsay struck, it being about four or five of the clock in the afternoon, and the said brigantine was seized and carried into Piscataqua river in New Hampshire; whereupon, the committee, after mature deliberation, are of opinion, that the said brigantine Elizabeth is not comprehended in the description of vessels, which, with their cargoes, by the resolutions of Congress of the 25th day of November last, may be forfeited, not being an armed or a transport vessel employed in the present war against the United States, nor carrying provisions, or other necessaries, to the British army or navy, within any of the United Colonies: and that the cases of re-captures, mentioned in the resolution of Congress of the 5th day of December last, adjusting the proportions of salvage, those cases only were intended, in which the vessels and their cargoes remaining in possession of the enemy, might, by the law of nations, be condemned as prize, which is conceived not to be the case of the said brigantine Elizabeth and her cargo; but, that notwithstanding it was the duty of the re-captors to recover the said brigantine and her cargo, and that the owners, who otherwise might, and probably would, have lost their whole property, ought to make a reasonable satisfaction; and that, therefore, the said sentence is erroneous, and ought to be reversed and annulled: That the said brigantine Elizabeth , and such parts of her cargo as were claimed in the said court maritime, be restored to the respective claimants, upon their paying, to the United States, and the re-captors, 1/12th part of the value thereof, to be determined by the appraisement of appraisers on oath, appointed by the judge of the said court: That the residue of the cargo be sold, and the proceeds, after deducting the like proportion and for the same uses, retained for the persons who shall hereafter prove their right to 0019 873 the same; that William Burk, commander, and the marines and mariners of the Warren , an armed vessel in the service of the United States, who claimed a part of the said brigantine Elizabeth and her cargo, as being joint captors, are not entitled to a share of the salvage, it not appearing that they were present, or in sight, at the time of the re-capture: And that the appellants recover against the claimants their costs as well in the said court maritime, as in the prosecution of their appeal here; and that the cause be sent back to the said court maritime, for that court to proceed in carrying this sentence into execution. 1

Resolved , That Congress agree to the said report.

Resolved , That such part of the twelfth, adjudged in the foregoing report to be paid in lieu of salvage, as belongs to the United States, be released, and given up to the owners of the goods.

The committee on the state of the prisoners, brought in a report, which was read:

Ordered , To lie on the table.

The Board of Treasury, in order for the more regular settlement of accounts, proposed sundry queries to Congress: Whereupon,

Resolved , That no allowance be made to officers for any arms lost or taken from them by the enemy:

That the allowance to officers of 1⅓ dollars bounty for enlisting soldiers be not extended or given on the reinlistment of the soldiers in camp. 1

That no officer, holding two appointments in the continental army, be paid for more than one, after notice was given to the commanders of the respective armies, of the resolution of Congress against officers holding double commissions.

Resolved , That a committee of three be appointed to devise ways and means for supplying the treasury with a farther sum of money:

The members chosen, Mr. R[ichard] H[enry] Lee, Mr. [James] Wilson, and Mr. [Lyman] Hall.

Resolved , That a committee of three be appointed, to consider what is to be done with negroes taken by vessels of war, in the service of the United States:

The members chosen, Mr. [James] Wilson, Mr. R[ichard] H[enry] Lee, and Mr. [Samuel] Huntington.

Resolved , That 600 dollars be advanced to Mr. R. Erwin, waggon master; he to be accountable.

Resolved , That the Board of War be directed to give orders to the Virginia troops, on their march to New York, to halt at Trenton, till farther orders.

Resolved , That the colonels of the New Jersey militia, make out regular pay rolls of such of the troops as have been under their command, when called into the continental service, and have not been paid by the convention of the said state:

That one penny a mile be allowed, in lieu of rations, to such men as have paid their expences while on their march to and from the camp, from and to their respective homes.

That such rolls be attested by the oaths of the commanding officer and captains of the respective regiments, 0021 875 and paid by warrants on the pay master there, from General Mercer, or the commanding officer in that department; he paying due attention to the resolves of Congress transmitted herewith:

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter from General Washington of the 11, 12 and 13th; 1

One of the 10th from General Lee;

One from General Schuyler, of the 10th [6th]

One from General Greene, of the 10th;

One from J[oseph] Trunabull, of the 9th;

One from Seth Warner, of the 4th; 2

One from Brigadier General Lewis of the 4th, were laid before Congress, and read.

Resolved , That the letters from General Washington, General Lee, and Mr. Trumbull, be referred to the Board of War:

That the letter from General Greene be referred to the Medical Committee.

That the letter from General Lewis be referred to the Board of Treasury.

Application being made to Congress by John Foxcroft, Esq. for leave to go to New York, to remove his family from the horrors of war, and relieve them from the distress in which they are at present involved:

Resolved , That that leave be granted him, upon giving his parole to the Board of War; he not to set out on his journey before next week.

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

That a Muster Master be immediately appointed to the Flying Camp postpon'd with orders to proceed immediately to Amboy.

Resolved , That General Gates be informed, that Congress have it not in their power at present to supply him with the artillery he desires, but will procure such as soon as possible: 1

That two independent companies, consisting of fifty men each, be immediately raised, to be commanded by Lieutenant Whitcomb, who should be appointed captain commandant; that he nominate the officers of the said two companies, who are to be appointed when approved of by the commanding officer of the northern department.

That Col: John Philip De Haas, being strongly recommended for postpon'd Promotion by General Gates, be appointed a Brigadier General in the Army of the United States. 2

Resolved , That the further consideration of the said report be postponed.

William Davies, who was appointed deputy muster master general of the flying camp, having requested leave to resign that commission,

Resolved , That leave be granted, and that to Morrow be assigned for appointing a deputy muster master general for the flying camp.

Resolved , That 27 dollars be advanced to the captain of the guard that is appointed to attend the waggons carrying goods to Ticonderoga.

The Committee of Treasury reported, that there is due to the following persons, and a warrant to be drawn in favour of Mr. Thomas Armour, for the amount being 913 43/90 dollars, viz.

To Baltzar Spangler, and to be paid to Thomas Armour, for victualling a part of General Lee's guard, nursing in small pox, &c. at York town, and for provisions supplied the militia, &c., 158.12 [dollars]

To Lieutenant Francis Nichols, of the late Captain 0024 878 Hendricks's company, for two months' pay extraordinary to the following officers, viz.

That there should be advanced to Lieutenant Francis Nichols, for the purpose of paying the soldiers of his company returned from Quebec, the sum of 1,753 30/90 dollars until he can settle the accounts of the company; for which he is to be charged:

Ordered , That the said sums be paid accordingly.

Resolved , That two members be added to the Committee of Treasury:

The members, chosen, Mr. [George] Wythe and Mr. [James] Smith.

The Secret Committee having, agreeable to the order of Congress, taken into consideration how to make the best distribution of the cargo lately arrived at Providence, Rhode Island, in the brig Happy Return ; brought in their report; Whereupon,

Resolved , That a copy of the invoice of the cloths and blankets be sent to General Mifflin, ∥quarter master general,∥ with an order to Messrs. Browns, of Rhode Island, to deliver the whole to his order, and that it be recommended to the said quarter master general, to have the cloths immediately made up for the soldiers, either in Rhode Island, Connecticut, or by the taylors in the army, 0025 879 as may be thought best by General Washington and himself:

That Messrs. Browns be directed to deliver to the continental agent, at Rhode Island, the remaining part of the cargo, with orders to apply the lead, bullets, flints, muskets and powder, to the use of the continental frigates and cruisers, or such part thereof as may be wanted for that service, and the rest to remain for future orders:

That the said agent be directed to buy as much good fat beef and pork, as can be cured by the salt in his possession, for the use of the navy:

That the agent be directed to forward the sulphur of the said cargo to the powder mills in Connecticut and Rhode Island, and the five tons of salt petre, formerly sent by Congress from Philadelphia to Rhode Island, from thence to the powder mills of Messrs. Livingston and Wisner, on the North River, in the state of New York, to be manufactured into gun powder, for the continental service.

Resolved , That 40,000 dollars be sent to R. Dallam, Esq. deputy pay master general, for the use of the militia and flying camp; he to be accountable.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

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

Resolved , That Mr. Wharton be supplied with money for the purpose aforesaid.

Resolved , That the sum of £5,040 18 5 lawful money, equal to 16,803 6/90 dollars be paid to Brigadier General Thomas Mifflin, or order, and charged to the account of Jonathan Trumbull, Jun. Esq. deputy pay master general in the northern army; the same being in full of a draught in his favour, by John Pierce, Jun. assistant pay master, in behalf of the said J. Trumbull, dated Albany, October 7, 1776, it being so much stopped for him from the pay of several regiments at Ticonderoga, by the said pay master.

Congress proceeded to the election of a commissary of cloathing for the northern army; when, the ballots being taken,

George Measam was elected.

Resolved , That George Measam be allowed the pay and rations of a major in the continental service.

That the commander in chief in the northern department, appoint suitable persons to appraise, on oath, and deliver to the said commissary, all articles of cloathing there, belonging to the United States, and transmit his receipts, with the appraisement, to the treasury office in Philadelphia:

That the said commissary employ suitable persons to make the cloathing, and add to the appraised value of the 0027 881 goods, the charges of making; and that he deliver the same to the regimental pay masters, agreeable to the orders he may receive from the commander aforesaid.

Resolved , That General Washington be empowered to appoint a commissary of cloathing for the army under his immediate command, and that he be empowered to appoint a deputy muster master general for the flying camp.

Resolved , That one ton of powder be sent to North Carolina, for the use of the continental forces in that state.

A letter, from John Roche, of the 1 October, was laid before Congress, and read:

Resolved , That it be referred to the Marine Committee, who are directed to report thereon empowered to do therein what they think proper.

Congress took into consideration the report of the committee on the state of the prisoners; Whereupon,

Resolved , That William Livingston, Esq. governor of New Jersey, be informed, that Congress have considered his letter relative to certain prisoners confined in Somerset gaol, and being unacquainted either with their characters, or the causes of their being apprehended, request him to enquire into the same, and report to Congress their names and characters:

That soldiers and sailors, confined in gaol,be hereafter allowed 1⅓ dollar per week; the allowance of one dollar being found not to be sufficient to support them comfortably.

Resolved , That the remainder of the report be recommitted.

The Marine Committee, to whom were referred the petition of B. Marshall & Brothers, and certain propositions from the state of Massachusetts bay, brought in their report, which was taken into consideration; Whereupon,

Resolved , That what relates to the petition of B. Marshall ∥& Brothers∥ be postponed to Wednesday the 23d instant.

Resolved , That it be recommended to the general court of Massachusetts bay, to give the continental agent the full weight of their influence to make the frigate Hancock ready for sea immediately; that whatever expence shall accrue to the state of Massachusetts bay, either for procuring guns or other stores for fitting the said frigate, shall be reimbursed on demand; and that, in directing the cruise of the said frigate, the Congress will pay all the regard to the protection of the commerce of Massachusetts bay, that the zeal of that state, in the common cause, justly entitles it to.

A petition from Captain C. Roberts was presented to Congress, and read.

Resolved , That it be referred to Mr. [George] Walton, Mr. [Francis] Hopkinson, and Mr. F[rancis] L[ightfoot] Lee, who are directed to enquire into the state of facts, and report to Congress.

A memorial from the Chevalier d'Antignac was presented to Congress, and read.

Resolved , That it be referred to the Board of War. 1

A memorial from the Colonel D. Campbell was presented to Congress, and read; Whereupon,

Resolved , That the commanding officer in the northern department be desired to confirm or disapprove the sentence of the court martial on Colonel D. Campbell, as he, upon mature judgment, shall think proper, and report to Congress.

Whereas sundry prizes have been heretofore taken by the cruisers fitted out by General Washington, at the continental 0029 883 expence, and on continental accounts, and no accounts thereof have yet been rendered by the agents who received and sold the said prizes; and, whereas, a just distribution of such shares of the said prizes as are due to the officers and men, agreeable to the rules and regulations of Congress, ought to be made;

Resolved , That the Marine Committee be empowered to order such distribution of the said prize money amongst the parties interested therein; and that they recover from the said agents the continental share of all the said prizes:

That the present continental agents do account with the Marine Committee, from time to time, for the continental share of all prizes received and sold by them, and that they pay the amount of such prizes to the order of the said committee:

That the said agents make just distribution of the shares in all prizes that appertain to the officers and crews of the continental ships of war, agreeable to the rules and regulations of Congress, as soon after the sales of each prize as possible:

That the Marine Committee apply all the prize money they receive from the agents, to the service of the marine department, and hereafter render accounts thereof to Congress:

That the Marine Committee report, from time to time, all sums of money they receive for prizes to the treasury, in order that the same may be charged to their account in the treasury books.

The Board of Treasury reported, that there is due,

To Captain Sion Martindale and Lieutenant Moses Turner, for their pay and rations from the 1st of January to the 14 October, 1776, the sum of 572 76/90 dollars.

Ordered , That the said account be paid.

Additional instructions to B. F., S. D., and T. J., commissioners from the United States of America to the king of France.

Whilst you are negotiating the affairs you are charged with at the court of France, you will have opportunities of conversing frequently with the ministers and agents of other european princes and states residing there.

You shall endeavour, when you find occasion fit and convenient, to obtain from them a recognition of our independency and sovereignty, and to conclude treaties of peace, amity and Commerce between their princes or states and us, provided, the terms thereof be first imparted to his most christian majesty and approved of by him, that they that the same be not inconsistent with the treaty you shall make with his most christian majesty, that they do not oblige us to become a party in any war which may happen in consequence thereof, and that the immunities, exemptions, privileges, protection, defense and advantages, or the contrary, thereby stipulated, be equal and reciprocal. If that cannot be effected, you shall, to the utmost of your power, prevent their taking part with Great Britain in the war which his britannic majesty prosecutes against us, or entering into offensive alliances with that king, and protest and present remonstrances against the same, desiring the interposition, mediation and good offices on our behalf of his most christian majesty, the king of France, and of any other princes or states whose dispositions are not hostile towards us. In case overtures be made to you by the ministers or agents of any european princes or states for commercial treaties between them and us, you may conclude such treaties accordingly. 1

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A petition from Henry Keppele was laid before Congress, and read, setting forth, that he hath entered an appeal against the sentence passed on the ship Charming 0031 885 Peggy , and praying that a convenient day may be assigned for hearing the said appeal:

Resolved , That a committee of five be appointed, with full power to hear and determine upon the said appeal:

The members chosen, Mr. [Samuel] Huntington, Mr. [Robert Treat] Paine, Mr. [George] Wythe, Mr. [James] Smith, and Mr. [James] Wilson.

Resolved , That a committee of three [four] be appointed to review such of the resolutions of Congress as relate to the capture and condemnation of prizes, and report what alterations or additions should be made respecting the same:

The members chosen, Mr. [George] Wythe, Mr. [Edward] Rutledge, Mr. [Robert Treat] Paine, and Mr. [Samuel] Huntington.

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

Resolved , That it be referred to the council of safety of Pensylvania.

Resolved , That a commissary be appointed to supply the batallion, commanded by Colonel Mackay, with provisions; the ballots being taken,

Ephraim Blaine, Esq. was elected.

Resolved , That Mr. Francis Lewis, Jun. be permitted to go to the state of New York with Mr. Foxcroft.

The committee, to whom was re-committed the report on the state of the prisoners in the gaol of Philadelphia, brought in a farther report, which was taken into consideration; Whereupon,

Resolved , That the prisoners from North Carolina be permitted to return to their families, if the convention of that state shall be of opinion they may so do, without danger to that or any other of the United States; and, in the mean time, that bedding, blankets, and other necessaries, 0032 886 be furnished the gaoler, by Mr. Mease, for the use of such prisoners as are unprovided with them: 1

That Captain M'Kenzie be permitted to apply to the state of North Carolina for liberty to return there; and, in the mean time, that he be allowed ten dollars to bear his expences to Lancaster county:

That Lieutenant M'Clean, an half pay officer, taken in Canada, be permitted to reside at Reading on giving his parole.

Resolved , That a Committee of Intelligence be appointed to select and report such authentic accounts, as are, from time to time, received by Congress, of the state of the armies and navy of the United States, as they shall judge proper to be published by authority of Congress:

The members chosen, Mr. [Benjamin] Rush, Mr. R[ichard] H[enry] Lee, and Mr. [Francis] Hopkinson. 2

Resolved , That a committee be appointed to bring in a plan for the better regulating the treasury board:

The members chosen, Mr. [Elbridge] Gerry, Mr. [Philip] Livingston, and Mr. [Francis] Hopkinson.

Mr. Duché having, by letter, informed the president, that the state of his health, and his parochial duties, were such, as obliged him to decline the honour of continuing chaplain to the Congress,

Resolved , That Mr. president be desired to return the thanks of this house to the Rev. Mr. Duché, for the devout and acceptable manner in which he discharged his duty during the time he officiated as chaplain to it; and that 150 dollars be presented to him, as an acknowledgment from the house for his services.

The Committee of Treasury reported, that there is due,

To Captain A. H. Brice, for his allowance as an officer prisoner, from 19th April, to 17 October, 1776, inclusive, being 26 weeks, at 2 dollars a week, 52 dollars:

To Captain Thomas Hesketh, for his allowance from 20 July to 19 October, inclusive, being, 13 weeks, at 2 dollars a week, 26 dollars:

To George Haas, for the hire of his waggon and his expences with money from Philadelphia to Boston, 131 24/90 dollars:

To Colonel Hausegger, for the expence of himself and two prisoners from Ticonderoga to Philadelphia, 57 9/90 dollars:

To Captain Matthew Smith, to be paid to Lieutenant Archibald Steel, for inlisting his company, consisting of 80 men, at 1⅓ dollars each, 106 60/90 dollars:

That they have examined the accounts exhibited by Lieutenant Archibald Steel, of Captain Smith's company, for the pay of 34 officers and privates, and of Adjutant Christian Febiger, taken prisoners at Quebec, amounting to £590 15 [=1,575 30/90 dollars,] (exclusive of the pay of one serjeant, one corporal and 12 privates, who inlisted in the service of the king of Great Britain, amounting to £178 15 [=476 60/90 dollars] which is retained) with £117 17 6 [=314 30/90 dollars] received from Mr. Mease, leaves a balance due to the said Steel of £472 17 6 equal to 1,261 dollars:

That there is due, to George Steyer, for linens furnished, and to be charged to Captain John Nelson for the use of his company, 24 dollars:

To Adam Zantzinger, for the hire of two waggons, and the expences of an escort of light horse with money from Philadelphia to the camp, near New York, 150 60/90 dollars:

To William Clayton, for provisions supplied the militia on their march to New Jersey, 24 27/90 dollars:

To John Bates, for 499 camp kettles delivered by him to Gustavus Risberg, assistant to the deputy quarter master general, 665 30/90 dollars:

To William Bentley, and to be paid to Colonel Stricker, for provisions supplied the Virginia troops on their march, 17 54/90 dollars:

To Joseph Bentley, for provisions supplied the militia and flying camp, on their march to New Jersey, 19 72/90 dollars:

To Nicholas Bazin, a Canadian prisoner, for his allowance from 3d March to 17 October, is 32 5/7 weeks, at 2 dollars a week, is 65 38/90 dollars.

Ordered , That the above accounts be paid.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

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

Resolved , That Thaddeus Kosciuszko, Esq., be appointed an engineer in the service of the United States, with the pay of sixty dollars a month, and the rank of colonel.

The committee to whom the petition of Colonel M. Hazen was referred, brought in their report, which was read.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock on Monday.

A letter, of the 14 and 17, from the general's secretary, 1 Robert [Hanson] Harrison;

One, of the 18, from General Washington, 2 with copy of a letter from General Arnold, and sundry papers;

Two from Brigadier General Mercer, of the 17 and 19;

One from Kenneth Hankanson, captain of a vessel stranded on the Jersey shore, were laid before Congress, and read:

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

A letter from R. Dallam, of the 13, was also read; 3 Whereupon,

Resolved , That the sum of 19,740 dollars be paid to Gustavus Risberg, assistant to the deputy quarter master general for the flying camp, and charged to the account of said R. Dallam.

That 500,000 dollars be sent to the deputy pay master general for the northern department [Jonathan Trumbull]:

That 2,000 dollars be advanced to the delegates of North Carolina, to be charged to that state.

A letter from Colonel James Easton, of the 5, was read. 4

The Secret Committee having informed Congress that a vessel was arrived in New Hampshire, with a cargo on account of the Continent, among which was a quantity of flints,

Resolved , That the Secret Committee be directed to order 30,000 of the said flints to General Schuyler, for the use of the army in the northern department, and the remainder to General Washington, for the use of the army under his immediate command.

A letter of the 20, from General Greene, being received, was read: 1

Resolved , That it be referred to the Board of War, and that they be directed to apply to the council of safety of Pensylvania for the loan of as many cartridges as they can possibly spare, which are to be sent, with all possible despatch, to General Washington; and that the said Board be directed to take the most effectual measures to have a sufficient quantity of cartridges made up in Philadelphia, and forwarded to General Washington.

That the powder in the magazine be kept for the public service.

Information being given that there is a quantity of lead for the use of the Continent at the lead mines in Virginia,

Resolved , That the Board of War be directed to give orders to have it brought to Philadelphia.

A memorial from Monsieur Dorre was presented to Congress and read:

Ordered , That it be referred to the Marine Committee.

A letter, of the 20th, from Robert [Hanson] Harrison, the General's secretary, enclosing a copy of one from General Gates of the 15, and one from General Arnold, of the 15, and one from General Schuyler, of the 16;

Also, a letter of the 16, from General Schuyler;

One of the 19, from the convention of New York, inclosing a letter from General Schuyler ∥being received, were read:∥ 1

Resolved , That the said letters be referred to the Board of War.

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

Resolved , That the deputy commissary general in Virginia be directed to make contracts for the supply of the troops in that department, provided they can be made at a rate not exceeding eight pence, Virginia currency, per ration, the contractors to have the use of the public waggons on any motion or march of the army, from the place or places where stationed:

That the commander in chief of each department be empowered, at the instance of the commissary general, or his deputies, to employ as many persons under him or them, at such salary or wages as he shall think adequate, and as he may think the service, from time to time, requires:

That the rations allowed to the several officers on the staff in the army of the United States, not heretofore settled, be as follows, and that the deputy commissary of Virginia be informed thereof:

To the deputy quarter master general, 6 rations; deputy commissary general, 6 do. deputy pay master general, 6 do. deputy adjutant general, 6 do. deputy muster master general, 6 do. deputy judge advocate, 6 do. chaplain, 3 do. regimental surgeons, 3 do. mates, 2 do.

That the deputy commissary general of Virginia be 0038 892 allowed his reasonable travelling charges, to be settled by the Treasury Board.

The Committee of Treasury reported, that they have examined the following accounts paid by John Gibson, Esq. auditor general, by order of the Board, amounting to 687 27/90 dollars; of which he received, the honorable the president of Congress, his warrant, for 500 dollars, and there remains a balance due him of 187 27/90 dollars.

That there is due to Robert Jewell, for the maintenance of state prisoners in the new gaol, and for candles, vinegar, &c. 489 43/90 dollars:

To the late Captain William Hendricks his company, and to be paid to Lieutenant Francis Nicholas of the said company, for the ballance of an account for their pay, arms lost at the storm of Quebec, hunting shirts, &c. 1,622 22/90 dollars:

To William Pollard, for the expence of himself and others of the light horse, as an escort with money from Philadelphia to New York and Boston, 291 57/90 dollars:

To Jacob Hartman, for the hire of his waggon bringing the baggage of the prisoners from Canada, and from Elizabeth town to Philadelphia, 16 60/90 dollars:

To John Hall and Samuel Parker, for cleaning and repairing 200 muskets with bayonets, scabbards, &c. for the German batallion, 215 78/90 dollars:

To Coxe, Furman & Coxe, for carriage of powder from Philadelphia to Virginia, and the pay of Captain Matthias for taking charge of the same, 233 81/90 dollars:

Ordered , That the said accounts be paid.

Congress took into consideration the form of the oath to be taken by the officers in the service of the continent, which was agreed to as follows:

I —, do acknowledge the Thirteen United States of America, namely, New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, 0040 894 Virginia, North Carolina, South Carolina, and Georgia, to be free, independent, and sovereign states, and declare, that the people thereof owe no allegiance or obedience to George the third, king of Great Britain; and I renounce, refuse and abjure any allegiance or obedience to him; and I do swear, that I will, to the utmost of my power, support, maintain, and defend the said United States against the said king, George the third, and his heirs and successors, and his and their abettors, assistants and adherents; and will serve the said United States in the office of —, which I now hold, and in any other office which I may hereafter hold by their appointment, or under their authority, with fidelity and honour, and according to the best of my skill and understanding. So help me God.

Resolved , That every officer who holds, or shall hereafter hold, a commission or office from Congress, shall subscribe the above declaration, and take the foregoing oath.

Resolved , That 100,000 dollars be sent to the deputy pay master general in Virginia.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter from General Mifflin to Captain Falkner was laid before Congress and read:

Resolved , That it be referred to a committee of three, who are directed to engage, and send to head quarters, a skilful, active wharf builder, with proper assistants:

The members chosen, Mr. [Robert] Morris, Mr. [James] Wilson, and Mr. [George] Ross.

The Committee of Treasury reported, that there is due,

To Monsieur O. H. Rouville, his servant P. H. de Beaubassin, J. B. H. de Rouville, Joseph de Jarlais, and Joseph and Gabriel Heiter, for their allowance from the 13 July to 18 October, 1776, 186 60/90 dollars:

That they have examined the accounts of David S. Franks for sundry goods supplied the army in Canada, amounting to 3,748 84/90 dollars; of which he received a warrant of the 7th of September, for 1,600 dollars, and that there is a ballance now due to him of 2,148 84/90 dollars:

That there is due to Nathan Sellers, for a paper mould, letters and borders, 39 dollars:

That there should be advanced to Colonel Hollingsworth, the sum of 1,626 60/90ths dollars, for supplies of rations, and waggons for the Virginia batallions, from the Head of Elk to Chester; he to be accountable:

Ordered , That the said sums be paid.

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

Resolved , That General Schuyler's application to the eastern states, and to the state of New York, for their militia, is approved:

That the resolution for sending home the Canadians, be suspended till farther orders:

That the Board of War be directed to order the several prisoners, in Philadelphia, to the places of their destinations, and that they write to the several committee, who have the charge of prisoners, not to suffer them to go beyond the bounds allowed them, nor to permit any of them to come to Philadelphia, without leave first obtained from the Board of War. 1

Resolved , That the Commissioners going to the Court of France be directed to procure from that Court, at the expence of these United States, either by purchase or loan, eight line of battle ships of 74 and 64 guns, well manned, and fitted in every respect for service; That as these ships may be useful in proportion to the quickness 0042 896 with which they reach North America, the Commissioners be directed to expedite this negotiation with all possible diligence.

Resolved , That Mrs. Antil, with her child, and her sister, Miss Colden, be permitted to go to General Mercer, who is desired to permit them to go to New York, taking especial care, that they carry no intelligence to the enemy.

The Secret Committee reported, that the cargo lately imported into Portsmouth, in the brig Marquis of Kildare , Captain Palmer, consists of the following articles, viz. 5,000 lb of powder, 250 small arms, 100,000 flints, 4,000 yards of small canvass, 4 to 500 jackcoats, 100 knapsacks, 100 leggins, 80 large rugs, 2 bales of woollens, 1 bale of linens, and 10 tons of lead; Whereupon,

Resolved , That the powder, 100 small arms, 2,000 flints, part of the canvass, 80 rugs, and part of the lead, be applied by the continental agent for the use of the continental frigate Raleigh:

That 60,000 flints be sent to General Washington:

That 38,000 flints, 150 small arms, 100 knapsacks, 100 leggings, and 8 tons of lead, be sent to the northern army, under Generals Schuyler and Gates:

That the remainder of the small canvass be made into tents, and sent to the northern army:

That the jackets, if fit for soldiers, be sent to the northern army; if fit for sailors, to be distributed amongst the continental frigates at Portsmouth and Boston:

That two bales of woollens be made up into soldier's cloaths, for the northern army:

That the bale of linens, if fit for soldiers' shirts, or other purposes, for the army, to be made up, and sent to the northern army; if not suitable for public use, to be sold to the best advantage.

Mr. Jefferson having informed Congress that the state of his family will not permit him to accept the honour of going [as] their Commissioner to France, thereupon,

Resolved , That another be elected in his room.

The ballots being taken,

Arthur Lee Esqr was elected.

Resolved , That the Committee of Secret Correspondence be directed to acquaint him of his appointment, and that his powers and instructions are lodged in Paris. This to be kept secret.

The committee, to whom was referred the petition of Captain ∥Charles∥ Roberts, brought in their report, which was read, and disagreed to. rejected.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

Congress being informed, that a vessel from London to Quebec, [loaden] with dry goods, among which are many blankets and coarse cloths, fit for soldier's clothing, was lately brought into the state of Rhode Island:

Resolved , That Governor Cooke be requested immediately to purchase, at continental expence, for the use of the army under General Washington's command, all the said blankets and coarse cloths; that the blankets be sent to General Washington, and the cloths made up, agreeable to the directions of Brigadier General Mifflin, quarter master general.

Ordered , That the Committee for Cloathing forward the above resolution to Governor Cooke, and acquaint General Washington and Brigadier General Mifflin therewith.

Resolved , That two brigadier generals be appointed:

The ballots being taken, Colonel William Maxwell, and Colonel William Smallwood, were elected.

Certain resolutions, passed by the convention of Maryland, respecting the raising the eight batallions allotted to their state, were laid before Congress, and read:

Resolved , That they be referred to a committee of three, who are directed to report an answer thereto.

The members chosen, Mr. [James] Wilson, Mr. [Robert Treat] Paine and Mr. [Edward] Rutledge.

Resolved , That it be referred to the Board of War, to consider in what way Mons. De Roche Fermoy may be employed in the service of the Continent: 1

That the application in favour of Lieutenant Von Hederich be referred to the Board of War: 2

That Samuel Fairlamb's account be referred to the Committee of Treasury.

The Committee of Treasury reported, that there is due,

To Joseph Borden, Esq. for waggonage, boat hire, &c. transporting carpenters and their baggage from Philadelphia to Pawleshook, after deducting 15/ [= two dollars,] and the sum of £8 15 [=23 30/90 dollars,] for the hire of a 4 horse team of William Allen's, deducted for want of a voucher, and 15/ [=two dollars] paid by Captain Casedorp, 94 dollars.

That there is due to John Dunlap, for 97 reams of cartridge paper, sent to Ticonderoga, 323 30/90 dollars:

To Alexander Rutherford, for 100 bayonet scabbards supplied Captain Ralph Falkner, of the 5 Virginia regiment, 40 dollars:

To Captain Hendrick Smock, for expences of a guard and prisoners, from head quarters, New Jersey, to Philadelphia, 44 18/90 dollars:

To René O. H. de Rouville, a Canadian prisoner, for his allowance from the 16 January to 13th July last, is 25 5/7 weeks, at 2 dollars per week, 51 38/90 dollars:

Ordered , That the said accounts be paid.

Upon application of the delegates from Delaware,

Resolved , That 120 dollars be advanced to Captain John Woodgate, of Colonel Patterson's batallion, he to account for the same with the pay master of the said batallion.

Congress took into consideration the report of the committee on the petition of Colonel Moses Hazen; Whereupon,

Resolved , That the sum of 966 2/3 dollars be paid to Colonel Moses Hazen, for his farming, smith's and potash, carpenters, and joiners, coopers, and stave maker's tools, and for anchors and cables, said to be taken by, and appropriated to, the use of the army under General Montgomery:

That the regiment under the command of the said Colonel Hazen, remain on the original establishment thereof, and be recruited to its full complement in any of the thirteen United States, as it was upon these terms he entered into the service, and the said regiment cannot be said to belong to any particular state, nor to be any additional expence in the mode of officering the same.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A petition from William Moore and one from William Rigg, were presented to Congress, and read.

Resolved , That they be referred to the Marine Committee; who are directed to furnish them with subsistence during their residence in Philadelphia.

Application being made in favour of Samuel Horlock and — Livingston, Esq s . for leave to go to Boston, and from thence to New York:

Resolved , That leave be granted them on giving their parole.

Resolved , That an order for £50, equal to 133⅓ dollars, be drawn on the treasurer in favor of R. Peters, secretary ∥to the Board of War,∥ to pay for a light waggon purchased for the use of the Congress, and that he be empowered to purchase another light waggon.

Resolved , That 500 dollars be advanced to the committee appointed to contract with, and send an active wharf builder, and proper assistants to General Washington, for the use of the said wharf builders.

Resolved , That the Board of War be directed to order the Virginia batallions to march to Trenton, and there halt until farther orders.

A representation from the council of safety of Pensylvania to the Board of War, was laid before Congress, and read:

Ordered , To lie on the table.

A memorial from David Franks was laid before Congress and read, praying for liberty for himself, and

Patrick Rice, his clerk, to go to New York, to lay his receipts and vouchers for the provisions furnished to the ∥British∥ prisoners, in this department, before the commissary general, for his inspection, to be passed by him in order to procure certificates to be presented, and signed by, the general ∥of the British forces,∥ otherwise he cannot be reimbursed.

Resolved , That leave be granted, upon giving their parole, not to give any intelligence to the enemy, and that they will return to this city.

A petition of Benjamin Eyre, was presented to Congress, and read. 1

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

The members chosen, Mr. [Francis] Lewis, Mr. [Robert Treat] Paine, and Mr. F[rancis] L[ightfoot] Lee.

A petition from Captain [P.] Anstruther, of the 26, was presented to Congress, and read; also a petition from Simon Carbolois was read.

Resolved , That they be dismissed.

Resolved , That 5,000 dollars be advanced to E. Blaine, Esq r . for the use of the batallion raised on the western frontiers of Pensylvania; he to be accountable.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, from the General's secretary, R. H. Harrison, of the 21, was laid before Congress, and read; 2

A certificate from Brigadier Generals H. Mercer and P. Dickinson, in favour of the Rev. John Nevelling, who has officiated as chaplain to nine Jersey batallions:

Resolved , That it be referred to the committee of treasury, who are directed to enquire how long Mr. Nevelling officiated, as is mentioned in the said certificate, and pay him for his services, at the rate of 50 dollars a month.

A petition from Alice Brazier and daughter, Hannah Haynes and Elizabeth Bouvé, was presented to Congress, and read:

Resolved , That it be referred to the Committee of Treasury.

Resolved , That 3,000 dollars be advanced to Colonel Hazen towards inlisting his batallion, he to be accountable.

A letter, from Peter Zabriskie and John Morgan, of the 20th, [was read.]

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

A memorial from M. Irwin was presented to Congress, [and read.]

Resolved , That it be referred to a committee of three, who are directed to confer with the council of safety [of Pennsylvania,] respecting the same, and report to Congress:

The members chosen, Mr. S[amuel] Adams, Mr. [William] Whipple, and Mr. [John] Hart.

The Committee of Treasury reported, that there is due,

To Robert Chase, late commander of the Gaspé ship of war, for his allowance from 1 March to 24 October, 1776, inclusive, 34 weeks, at 2 dollars per week, 68 dollars.

That they have examined an account exhibited by Captain Robert Cluggage, for sundry articles charged to him, and which he prays an allowance of, and that he 0050 904 ought to be credited for the following sums, charged in the Bedford county accounts, viz.

That there is due to John Mitchell, for expences of a party of light horse, going with money from Philadelphia to Ticonderoga, a ballance of £32 16 6, and for coach hire, expences, &c. for himself and Mr. Dunlap, as a guard with Generals Prescot and M'Donald, and their two servants, to New York, to be exchanged, £76 18 6, both sums amounting to £109 15 0 equal to 292 60/90 dollars:

That there should be advanced to Mr. Hodgkin and Mr. Cronstedt, two midshipmen, taken prisoners, three weeks' allowance each, at 2 dollars, is 12 dollars:

To Roger Sherman, Esq r . for the expences of the committee for enquiring into the state of the army at New York, and two servants, being ten days absent, 76 71/90 dollars, to be paid to Elbridge Gerry, Esq r .

Ordered , That the said accounts be paid.

Resolved , That two months' pay be advanced to Lieutenant David Zeigler, who was wounded, and come to Philadelphia for the purpose of perfecting his cure.

Resolved , That it be recommended to the several assemblies and conventions of the United States, forthwith to import, or otherwise procure, full supplies of fire arms, bayonets, brass, or other field pieces, powder, lead, flints, 0051 905 medicines, entrenching tools, tent cloth, blankets, and other clothing, for such of their militia as are deficient therein, and to send to the Board of War and Ordnance a copy of their resolutions for this purpose, that the same may be laid before Congress.

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

Adjourned to 10 o'Clock on Monday.

Resolved , That 1,000 dollars be advanced to the committee appointed to engage carpenters ∥wharf builders,∥ to go to head quarters near New York, for the use of the said carpenters, they to be accountable.

A letter of the 17, from General Schuyler, was read, together with the report of a court of enquiry appointed to discover what stores were on board the enemy's fleet taken in the river St. Lawrence:

Resolved , This be referred to the Board of Treasury.

A letter of the 6th, from General Andrew Lewis, was read, and referred to the Board of War. 2

A letter of the 16, from the convention of New York, was also read.

A petition from William Savage, Thomas Corbett, and John Scott, in behalf of William Wilson, together with sundry papers therein referred to, were read and referred to the Marine Committee.

A letter of August, 1776, from Thomas Cushing, was read, and referred to the Committee for Indian Affairs. 1

Resolved , That M. Du Bois, have leave, upon resigning his commission, to return to Martinico.

Congress, being informed that certain persons were busy in monopolizing and engrossing the articles necessary for the use of the army, with a view to enhance their price, and prevent the army from being supplied,

Resolved , That a committee of three be appointed to enquire into this matter, and report thereon to Congress:

The members chosen, Mr. [George] Wythe, Mr. [Elbridge] Gerry, and Mr. [Edward] Rutledge.

The committee, to whom the memorial of Matthew Irwin was referred, reported, that they have conferred with the council of safety of Pensylvania, who say they have some salt, the quantity they cannot ascertain, which they are willing to sell for the use of the army: but are desirous application be first made to Mr. J. Donaldson, for the salt he is now selling out of a vessel lately arrived.

Resolved , That the said committee request the council of safety of Pensylvania to sell to Mr. M. Irwin, for the use of the army, as much salt as they can possibly spare.

The Marine Committee brought in a report, which was read; Whereupon,

Resolved , That the Marine Committee be empowered to employ such persons as they shall think proper, to execute the business entrusted to them, and report their names to Congress:

That the remainder of the report be postponed till to Morrow.

The Committee of Treasury reported, that there is due,

To Thomas Dunahoo, a Canadian prisoner, for his allowance 0053 907 from 13 July to 25 October, 1776, 15 weeks, at 1⅓ dollars per week, 20 dollars:

To Captain William Brady, of the late Colonel Stevenson's batallion, for twelve riffles, purchased by him for the use of his company, 177 dollars:

Ordered , That the said accounts be paid.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

Congress having received information that Timothy Dod, who was sent express from Boston to this House, has had his despatches ∥from General Washington,∥ stolen from him at Bristol, in this state,

Resolved , That a committee of two be appointed, with powers to make every necessary enquiry, and to take every step they think proper, for the recovery of the said despatches, and the discovery of the person or persons by whom the said papers were stolen; that if they shall have good reasons to suspect any person or persons, they immediately secure them till the further order of Congress, and return their names, with the causes of suspicion, to this house; that they dispose of the continental prisoners now there in such manner as they shall think best:

That all civil officers be requested, and all continental military officers be ordered, to afford every assistance that may be required by the said committee.

The members chosen, Mr. [James] Wilson, and Mr. [Francis] Hopkinson.

Resolved , That Colonel Cadwallader and Colonel Bayard be requested to accompany the said committee ∥to Bristol.∥

That 40,000 dollars be advanced to James Mease for the public service; he to be accountable.

6,000 dollars be advanced to Colonel Buckner, of the 6 Virginia batallion, for the use of the said batallion; he to be accountable.

Resolved , That Charles Hughes have leave to go to the West Indies in the schooner Thistle .

A letter from Mr. [Richard] Bache was read:

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

The members chosen, Mr. [George] Wythe, Mr. [Robert Treat] Paine, and Mr. [Philip] Livingston.

Whereas the fortifying the entrance of the river of Cape Fear, in the state of North Carolina, will tend greatly to the advantage and security of that state, by furnishing a safe harbour for foreigners, and excluding the enemy's ships:

Resolved, therefore , That it be recommended to the convention of the state of North Carolina, that they do immediately fortify and secure, at the expence of their state, the entrance of the said river, by erecting batteries and other works of defence, by placing obstructions in proper parts of the said river, and pursuing such other measures, as, in their opinion, will best conduce to prevent the introduction of the enemy's ships, and protect the trade of the said state; and, in case heavy cannon cannot be procured in the state of North Carolina, it is further recommended to the said convention, that they apply to the state of South Carolina, requesting the loan of such cannon as they can spare from their own necessities, who, it is not doubted, will contribute, as far as it may be in their power, to accomplish a purpose which will be of general utility to the southern states.

Congress resumed the consideration of the report of the Marine Committee: Whereupon,

Resolved , That all private ships of war, merchant ships, and other vessels, belonging to the subjects of these states, do pay respect to the continental ships of war, of any kind and denomination, by hauling down their pendants when in company with any of them, and also by lowering the sails usually lowered by British traders to British ships of war when they meet.

That no private ships or vessels of war, merchant ships, and other vessels belonging to the subjects of these states, be permitted to wear pendants when in company with continental ships or vessels of war, without leave from the commanding officer thereof.

That, if any merchant ship or vessel shall wear pendants in company with continental ships or vessels of war, without leave first obtained from the commander thereof, such commander be authorized to take away the pendants from the offenders.

That, if private ships or vessels of war refuse to pay the respect due to the continental ships or vessels of war, the captain or commander, so refusing, shall lose his commission. 1

Resolved , That the further consideration of the report be postponed till to Morrow.

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

Adjourned to 10 o'Clock to Morrow.

The Committee of Treasury reported, that there is due,

To Mr. Allen, for his expences in being detained here for the purpose of taking charge of the money for Virginia, the sum of 17 20/90 dollars:

That a farther sum of 77 46/90 dollars be paid to Mr. Fairlamb, which will be the ballance due to him on his account as it now stands, exclusive of his request for a farther allowance on the ration stipulated in his contract, and of twenty seven cords of wood, not allowed for want of vouchers:

Ordered , That the above accounts be paid.

Resolved , That the sum of 30 dollars be paid to Captain Moore, to enable him to proceed to Europe.

A letter of this day from Colonel Moses Hazen was read;

A petition from Andrew Stalker, late commander of the brigantine Three Friends , was read, praying for leave to depart the states of America, and revisit his native country.

Resolved , That leave be granted.

A petition from John Tillman was read.

A letter from Governor Livingston, of the 25, was read, and referred to the committee to whom a former letter from Governor Livingston was referred, namely, Dr. [Benjamin] Rush, Mr. [George] Ross, and Mr. [Thomas] Lynch [Jr.]. 1

Resolved , That 2,000 dollars be advanced to Colonel Scott, of the 5 Virginia batallion, for the use of his batallion, he to be accountable.

Resolved , That 2,000 dollars be advanced to Colonel Hausegger, of the German batallion, for the use of his batallion, he to be accountable.

The Board of War having recommended Jacob Mylé to be quarter master, and Eberhart Michael, pay master to the German batallion;

Resolved , That they be accepted, and commissions granted to them accordingly.

Mr. Duché having, by a letter to the president, acknowledged his obligations for the kind manner in which Congress have expressed their approbation of his services, requests, as he accepted their appointment from motives perfectly disinterested, that Mr. Hancock will please to put the 150 dollars voted to him, may be applied to the relief of the widows and children of such of the Pensylvania officers, as have fallen in battle in the service of their country: 1

Resolved , That the money be deposited with the council of safety of Pensylvania, to be applied agreeable to the request and desire of Mr. Duché.

A memorial of Robert Jewell was read and referred to the committee on Governor Livingston's letter.

Resolved , That 133⅓ dollars be advanced to Evans and Stretch, the commanding officers of the guard going with money and cloathing to the northern army, they to be accountable.

The Committee of Treasury reported, that there is due,

To Mons. Pierre Gamelin, a prisoner from Canada, for his allowance from 26 March to 28 October, inclusive, being 31 weeks, at 2 dollars a week, 62 dollars:

To Marcus Lucullus Ryall, a prisoner, for his allowance from 22d August to 24 October, inclusive, being 9 weeks, at 2 dollars, 18 dollars:

To Lieutenant Jacob Schalch, a prisoner, for his allowance from 19 July to 25 October, inclusive, being 14 weeks, at 2 dollars, 28 dollars:

To Dr. James Gill, a prisoner, for his allowance from 19 July to 25 October, inclusive, being 14 weeks, at 2 dollarss, 28 dollars:

To Lieutenant Simon Evans, a prisoner, for his allowance from 23 August to 18 October, inclusive, being 8 weeks, at 2 dollars, 16 dollars:

To Pelatiah Webster for 200 lbs. of rhubarb, 600 dollars:

To Alexander Middleton, of the 5th Virginia batallion, for his account of medicines, board, nursing, and necessaries for the sick of the said regiment, 86 60/90 dollars:

Ordered , That the said accounts be paid.

The committee, to whom were referred the resolutions of the convention of Maryland, brought in a report, which was taken into consideration: Whereupon,

Resolved , That the president write to the convention of Maryland, and inform them, that their resolutions relative to their paying ten dollars in lieu of the 100 acres of land, determined by Congress to be given to such noncommissioned officers and soldiers as shall enlist to serve during the war, will, (in the opinion of this house,) if carried into execution, prove extremely detrimental to these states, as it will, in all probability, induce such soldiers as are to compose the remainder of the levies, to require an equal sum from the United States, and by refusing to inlist until their demands shall be complied with, compel the Congress to the immediate payment of an additional bounty, far beyond what is reasonable:

That this house, being satisfyed with the propriety of offering land to the soldiery, as an inducement to inlist in the service, cannot rescind the said resolution, and are of opinion, that the faith, which this house, (by virtue of the power with which they were vested,) has plighted, must be obligatory upon their constituents; that no one state can, by its own act, be released therefrom, and that the interest of the United States would be deeply and injuriously affected, should the Congress, at this time, consent to a compromise between any state and the forces to be by them raised:

That the said convention, by their said resolutions, seem to apprehend, that their state would be obliged, in their individual capacity, to make good the bounty of land hereafter to be given to the soldiery; whereas, it was the intention of Congress to provide the said land at the expence of the United States:

That the said convention be requested to reconsider the said resolutions, and to give to their commissioners, appointed to repair to the camp, such instructions as will enable them to carry into execution the views of Congress: That the said convention be informed, that the pay master general has been furnished with a sum of money for the purpose of paying the bounty of 20 dollars ordered by Congress to such soldiers as shall inlist to serve the United States during the war.

Congress resumed the consideration of the report of the Marine Committee: Whereupon,

Resolved , That the rank of officers of marines be the same as officers of similar commissions in the land service:

That the commanders, officers, seamen, and marines in the continental navy, be entitled to one half of merchantmen, transports, and store ships by them taken, from and after the first day of November, 1776, to be divided amongst them in the shares and proportions fixed by former resolutions of Congress:

That the commanders, officers, seamen and marines, in the continental navy, be entitled to the whole value of all ships and vessels of war belonging to the crown of Great Britain, by them made prize of, and all privateers authorized by his Britannic Majesty to war against these states, to be divided as aforesaid. 1

Resolved , That the part of the report relative to the rank and pay of naval officers, be referred to a special committee of three.

The members, Mr. [Robert] Morris, Mr. [William] Whipple, and Mr. R[ichard] H[enry] Lee.

Resolved , That the remainder of the report be re-committed.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 28 October, from Brigadier General Greene, was read, 1 and referred to the committee of intelligence.

Resolved , That 2,000 dollars be advanced to Colonel Zebulon Butler, for the use of the two companies raised in the town of Westmoreland, he to be accountable:

That leave be granted to Zebulon Butler, Esq r ., or his agent, to purchase 50 bushels of salt belonging to the Continent, for the use of the continental troops raised in Westmoreland.

A letter, of the 29, from Robert H[anson] Harrison, the General's secretary, was read. 2

The committee appointed to make strict enquiry respecting some late despatches from head quarters, said to have been lost on Monday last at Bristol, reported,

That they have pursued every probable method, that might lead to a discovery of the said despatches, without effect; that they have strictly and carefully examined every person, who could be supposed to have any knowledge 0061 915 of the circumstances related by the express, charged with the said despatches, respecting his loss, but can discover no traces of the robbery or stealth; that the said express does not give so clear and satisfactory an account of this matter as fully to exculpate himself in the opinion of your committee, and therefore have brought him back in order to submit him to the farther examination of Congress; Whereupon,

Resolved , That Timothy Dod, who had charge of the despatches from General Washington, and alledges he lost them at Bristol, be committed to the custody of Mr. [R.] Jewell, keeper of the public prison, to be safely kept till farther orders of Congress:

That Mr. Jewell be directed to keep Timothy Dod in his own apartments and family, and not to permit any of the prisoners, nor any person, except those of his own family, to converse with him, till farther orders.

Resolved , That a committee of five be appointed to prepare an effectual plan for suppressing the internal enemies of America, and preventing a communication of intelligence to our other enemies.

The members chosen, Mr. S[amuel] Adams, Mr. [George] Wythe, Mr. R[ichard] H[enry] Lee, Mr. [James] Wilson, and Mr. [George] Ross.

Resolved , That the Board of War be directed to have the prisoners removed from Bristol, and the public post roads, to some convenient places back in the country:

That the said Board be directed to have a sufficient guard kept at the public prison, and over the continental stores in and near Philadelphia.

Whereas, it has been represented to Congress, that sundry inhabitants of these United States, to keep supplies from the army, or promote their own interest, have 0062 916 purchased considerable quantities of cloathing, and refuse to dispose of the same, unless upon extravagant or unreasonable terms;

Resolved , That it be recommended to the assemblies, conventions, councils or committees of safety of the several states, forthwith to take suitable measures for obtaining, for the use of the army, such necessary articles, as being thus engrossed in their respective states, cannot be otherwise immediately procured, allowing to the owners reasonable prices for the same; and that laws be provided in each of the states, for effectually preventing monopolies of necessaries for the army, or inhabitants of the same. 1

Ordered , That the committee on the post office to whom Mr. Bache's letter was referred, report, as soon as possible, ways and means of establishing expresses, and conveying intelligence to and from the army, with safety and despatch.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

Resolved , That 3,000 dollars be paid to Adam Bonfield, or order, and charged to the account of J. Trumbull, deputy pay master general in the northern department, it being in full of a draught in his favour by said Jonathan Trumbull, dated at Albany, 15 October, 1776.

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

Resolved , That commissions be granted to fill up the vacancies in the 4th, 5th and 6th Virginia batallions, 0063 917 agreeable to the list given in to the Board of War by General Stephen.

Resolved , That 3,000 dollars be advanced to the delegates of Georgia, for the use of that state; the said delegates to be accountable.

A petition from sundry ship joiners, was presented to Congress, and read, and referred to the Marine Committee.

Resolved , That the Board of War be directed to order four companies of the Virginia batallion on the eastern shore, to march, under the command of a field officer, to Dover, in Delaware government, there to remain till farther orders.

Congress took into consideration the report of the committee on the ways and means of supplying the treasury; Whereupon,

Resolved, That the sum of one million five hundred and sixty eight thousand dollars be raised by a lottery, to be drawn in the city of Philadelphia, upon the plan offered by the Committee. 1

Resolved , That a sum of money be raised by way of a lottery, for defraying the expences of the next campaign, the lottery to be drawn in the city of Philadelphia:

That the committee who brought in the plan report, be directed to complete the same by prepare the plan of a lottery, to fix the number of managers, the time when the lottery is to be drawn, and the security by them to be given, and report to Congress.

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

Resolved , That the Board of Treasury be directed to lay before Congress, once every week, an account of what part of the last emission of money remains unexpended.

Resolved , That the Board of War be directed to supply the delegates of Georgia, for the use of that state, with a quantity of military stores, first informing Congress of the quantity applied for.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

Congress resumed the consideration of the report of the committee on the ways and means of supplying the treasury; Whereupon,

Resolved , That the Treasury Board be directed to prepare all the necessary materials, and to have ready all the executed for a new emission five millions of dollars, to be issued when Congress shall direct:

That five hundred thousand dollars be speedily issued in small notes of two thirds, one third, one sixth, and one ninth of a dollar. 1

A petition from John Bates was read, and referred to the committee who contracted with him.

Resolved , That a farther sum of 3,000 dollars be advanced to Colonel Moses Hazen, for the purpose of recruiting his regiment; he to be accountable.

The Committee of Treasury reported, that there is due,

To Isaac Dennis, and to be paid to Francis Lewis, Esq r . for dieting 80 men, and oats, &c. for horses of Captain Thomas Price's company, in New York government, 13 67½/90 dollars:

To Bartholomew Von Heer, for his pay as brigade major, from 20th June to 20th October, being four months, at 33 dollars, 132 dollars.

Ordered , That the said accounts be paid.

The committee to whom Governor Livingston's letter was referred, brought in a report, which was read:

The committee, to whom Governor Livingston's letter concerning some prisoners sailors in New Jersey was referred, beg leave to report, that they have taken into their consideration the unparalleled inhumanity and alarming tendency of a late act of parliament for obliging sailors taken on board American vessels to fight against their brethren and country; therefore,

Resolved , That the Sailors lately taken on board of Sloops Phœnix , the Sally , and the Mary , except such of them as belong to the United States, be immediately put on board some of the armed vessels of the United States, and compelled to fight against their form brethren and the Enemies of this country, in order that and by thus executing the great and necessary law of retaliation, our Enemies may be induced to put a stop to a practice so dishonourable to human nature, and first taught the world by the british nation.

Resolved , that this resolution be extended to all Sailors hereafter taken on board british vessels.

That Robert Colefax, Richard Williams and Peleg Mansfield, natives of America be permitted to return to their families in New England.

That Mr. Robert Jewell be paid the sum of eighty dollars a month for his care of the state prison in the city of Philad a from which Money he is to pay 1

Ordered , To lie on the table.

Resolved , That the consideration of employing M. Roche de Fermoy be postponed to Monday next.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock on Monday.

The Honorable Matthew Thornton, esq. a delegate from New Hampshire, attended, and produced his credentials, which were read as follows:

State of New Hampshire , In the House of Representatives, Septem r . 12 th , 1776 .

Voted , That the Hon ble Matthew Thornton, Esq r . be, and hereby is, appointed a Delegate to represent this State at the Continental Congress, for one Year next ensuing.

Sent up for concurrence.

P. White , Speaker .

In Council , Eodem Die , Read and concurred: E. Thompson , Secretary .

A Copy, Examined by E. Thompson , Secretary .

Two letters, of the 25 October and 1 November, from R. H. Harrison, General Washington's secretary; one from R. Stockton and G. Clymer, of the 26th October; one from General Schuyler, dated Saratoga, 23 October, were laid before Congress, and read, and referred to the Board of War.

A letter, of the 19 October, from G. Mason, chairman of ∥the committee of∥ Fairfax county, in Virginia, enclosing a resolution of the council of Virginia, was read and referred to the Board of War. 1

Whereas it is manifest, that unless effectual measures are immediately taken for re-inlisting the army, the safety of the states may be greatly endangered;

Resolved , That the president be desired to write to the commander in chief and inform him that if, upon receipt of this resolution, commissioners from the respective 0067 921 states, for the purpose of appointing officers, shall not have arrived, he is then, after consulting and advising with such of his generals as he can conveniently call together, immediately to grant warrants to such of the officers from the respective states, who have not commissioners present authorized as aforesaid, as he shall think deserving of commissions:

That the officers so to be appointed proceed with the utmost expedition, to recruit their regiments to their full complement:

That commissions be sent to General Washington as soon as possible, to be given to such officers as he shall appoint by warrant, in consequence of the foregoing resolution:

That the commander in chief be desired to take such steps as he shall think most proper for continuing the militia now in camp.

That, for this purpose, he write to such of the state as now have militia in the government of New York, requesting their assistance in this business; and that he farther be desired to apply to the neighbouring states for such additional aid as he may require;

That a letter to the same import be written to General Schuyler.

The committee, to whom the letter from Thomas Cushing was referred, brought in a report, which was read.

It being represented that some of the marines in the barracks are sick,

Resolved , That Doct r . Rush be desired to take them under his care, and see them properly provided for.

Resolved , That Mr. [William] Hooper be added to the committee to whom Mr. Bache's letter was referred, and that the said committee be directed to meet on the business this evening at this place.

Resolved , That the waggon master general be directed to take charge of the horses belonging to the Continent, and prepare them for service, as soon as possible.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow. 1

Benjamin Harrison, Esq r . a delegate from Virginia, attended and produced the credentials of his appointment, which were read as follows:

In the House of Delegates , Thursday, Oct. 10, 1776 .

Virginia . Sct.

The House, according to the Order of the Day, proceeded, by Ballot, to the Appointment of a Delegate to represent this State in General Congress, in the Room of Thomas Jefferson, Esq r . and the Members having prepared Tickets for the person to be appointed, and put the same into the Ballot Box, Mr. Treasurer, Mr. Braxton, Mr. Clayton, Mr. Starke and Mr. Richard Cary, were appointed a Committee to meet a Committee to be appointed by the Senate, and jointly with 0069 923 them to examine the Ballot Boxes, and report to the House, upon whom the Majority fell.

Ordered , That Mr. Treasurer do acquaint the Senate therewith.

The Committee then withdrew, and after sometime returned into the House, and reported, that they had met a Committee from the Senate in the Conference Room, and had, jointly with them, examined the Ballot Boxes, and that the Numbers appeared as follows: For Benjamin Harrison, Esq r . 69—Meriwether Smith, Esq r . 5.

Resolved, therefore , That the said Benjamin Harrison be appointed a Delegate to represent this State in General Congress.

Resolved, unanimously , That the Thanks of this House are justly due to the said Benjamin Harrison, for the Diligence, Ability and Integrity, with which he executed the important Trust reposed in him as one of the Delegates from this Country to the General Congress.

A Copy: John Tazewell , Clerk of the House of Delegates . 1

Resolved , That Mr. [Benjamin] Harrison be added to the Board of War, and that he be continued in all those standing committees, of which he was a member, when he left Congress.

A letter from R. H. Harrison, of the 31 October, was read.

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

Resolved , That all accounts for services done, or articles supplied the northern army, be presented to the commissioners ∥for settling accounts,∥ and so much thereof as is approved by them, and confirmed by the general, be paid by his warrants on the pay master, after the commissioners have certified thereon, that the accounts and vouchers are returned to them by the persons receiving such warrants:

That all warrants of the general on the pay master for services to be performed, or articles to be supplied, be sent by the pay master to the office, and entered in the 0070 924 books of the commissioners; after which, the said commissioners shall, as soon as they shall judge expedient, call to account the persons receiving such advances; and having settled the said accounts, they shall be filed in their office:

That where any balance appears to be due to the United States, from persons whose accounts are adjusted as aforesaid, they shall be received by the commissioners, and delivered to the pay master, whose receipts therefore shall be transmitted to the Treasury:

That the commissioners be empowered to administer oaths or affirmations to persons examined by them in the execution of their office.

That the general's and pay master's accounts be sent to the treasury office by the commissioners, together with the pay rolls and accounts discharged by the same, upon their adjusting the accounts of the northern army to the end of the present campaign.

Resolved , That the commissioners appointed to settle the accounts of the army near New York, be directed to govern their conduct agreeable to the foregoing resolutions.

Resolved , That the following instructions be given to the commissioners of the northern army:

1. That, in adjusting the accounts of persons, whose particular circumstances may have rendered them unable to procure vouchers, or that, on the retreat of the army, have lost the same, the commissioners endeavour to obtain the best information from the general officers, or other persons in that department, and use a discretionary power in administering oaths or affirmations for this purpose.

Resolved, That similar instructions be given to the Commissioners appointed to audit and settle the accounts of the army near New York.

Resolved , That the president write to Governor Livingston, and request him to send two companies of militia to guard the salt works near Tom's river, and one company 0072 926 to be stationed at or near Shrewsbury, to intercept and put a stop to the intelligence said to be carrying on between the tories and Lord Howe's fleet; that the companies consist of fifty men each.

A petition from Joseph Traverses was presented to Congress, and read; Whereupon,

Resolved , That an order for one hundred dollars be drawn on the Treasurer in favor of the said Joseph Traverses; to be accounted for by him on the settlement and payment of his accounts.

The committee to whom the letter from Richard Bache, Esq r . comptroller of the post office, was referred, brought in a report, which was taken into consideration; Whereupon,

Resolved , That for obtaining early and frequent intelligence from the camps at White Plains and Ticonderoga, or such other places as the armies now, or lately there, may march, or have marched to, and forwarding despatches to the commanding officers with the like expedition, the post master general do immediately employ so many more riders, between Philadelphia and head quarters of these armies, as he shall judge will most effectually perform that very important, and, at this time more especially, necessary service; and that he endeavour, to the utmost of his power, to procure sober, diligent, and trusty persons to undertake it; and guard, in the best manner he is able, against robberies of the mails, or losses of their contents otherwise:

That all ferry keepers be enjoined, as much as they are able, to expedite the passage of post riders and other persons charged with letters, despatches, or messages, from and to Congress; and that it be recommended to the several legislatures of the United States, to enforce the observance of this resolution:

That expresses and special messengers, employed in the public service, taking and carrying private letters or packets, ought not to receive the wages they would otherwise be entitled to: 1

That the deputy post master at head quarters be allowed four rations, every day, out of the public stores there, for the subsistence of himself, and his riders, and servant.

Congress took into consideration the case of the Chevalier Roche de Fermoy: Whereupon,

Resolved , That the Chevalier Mathieu Alexis Roche de Fermoy, be appointed a brigadier general in the army of the United States.

The committee to whom were referred the petition and accounts of Benjamin Eyre, brought in a report, which was read:

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

A petition from Jeremiah Cady was presented to Congress, and read:

Resolved , That it be referred to the commissioners appointed to audit and settle the accounts in the northern army, who are directed to report specially thereon.

Certain resolutions from the convention of the state of New York were laid before Congress, and read:

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

The members chosen, Mr. [Francis] Hopkinson, Mr. [William] Whipple, and Mr. [John] Hart.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 3, from R. H. Harrison, enclosing a letter from Brigadier General Parsons of the 2d; 1 one from General Schuyler, dated at Saratoga, October 30 last, with a copy of instructions to officers appointed to recruit for the service of the United States of America; 2 also a letter of the 31 October, from Jonathan Trumbull, deputy pay master general; and a letter of the 31 of the same month, from Governor Trumbull, with a resolve of the general assembly of Connecticut, appointing John Lawrence, Esq r . of Hartford, commissioners to superintend the loan office, in that state, were read:

Ordered , That the letter from General Schuyler, and that from Mr. Harrison, with the letter enclosed, be referred to the Board of War:

That from Governor Trumbull, and that from J. Trumbull, pay master,to the Board of Treasury.

Resolved , That the letter from General Schuyler, of the 29 August, which was received and read the 6 September, together with the memorial from Colonel Brown, and the officers' certificate enclosed therein, be referred to the Board of Treasury.

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

Resolved , That the report of a court of enquiry appointed by General Schuyler, and held at Albany the 5 October, in consequence of a resolution of Congress of the 30 July last, confirming General Montgomery's promise “to give to the troops concerned in taking the vessels on the Sorrel, all the public stores, except ammunition and provisions, on board thereof,” be referred to the commissioners 0075 929 for adjusting the accounts of the northern army; that they be directed to make strict enquiry into the matter, and inform themselves, by the evidence of persons who served at that time as quarter master and commissaries of stores in the said army, and of any others, what part, or whether all stores mentioned in the report, were taken for the public service; that they allow to the officers and men which they shall find entitled thereto, the amount of so many of the stores as shall appear to have been taken for the army as aforesaid, and have not been paid for, after deducting therefrom, such reasonable expences as have accrued to any of the captors in obtaining an adjustment of the prize money, and ordering the amount of such articles of the prize goods as the said captors have received, and were not given to them as bounties, to be deducted from their respective proportions; that the pay master be directed, upon receiving General Schuyler's warrant for payment of the same to proportion it amongst such officers and men, as the general and commissioners shall direct, agreeable to the pay allowed by the establishment at that time, without any regard to rations.

The Marine Committee brought in a report, which was taken into consideration: Whereupon,

Resolved , That three persons, well skilled in maritime affairs, be immediately appointed to execute the business of the navy, under the direction of the Marine Committee.

The remainder of the report, at the request of a colony, was postponed till to Morrow.

Resolved , That commissions be delivered to the captains and subalterns of the sixth Virginia batallion, the dates to be filled up by Brigadier General Stephen.

That 4,000 dollars be advanced to Colonel Lawson, of the 4th Virginia batallion, for the payment of said batallion, 0076 930 he to be accountable, ∥and that the money be paid into the hands of Thomas Gaskins.∥ 1

Two bills were presented to Congress; one drawn by General Lee, dated Petersburg, 28th September, 1776, for sixty four dollars; the other, by Jacob Morris, aid de camp to General Lee, of the same date, for one hundred and fifty dollars, both in favour of John Bannister, and drawn upon William Palfrey, Esq r . pay master general, Philadelphia:

Ordered , That they be referred to the Board of Treasury paid, and charged to the account of General Lee.

Resolved , That Wyllie Jones, Esq r . of Halifax, Robert Smith, Esq r . of Edenton, and Alexander Telfer, Esq r . of Halifax, or any two of them, be appointed to audit and settle the continental accounts in Virginia.

The Committee of Treasury reported, that there is due,

To Benjamin Wallace, and to be paid to Charles Risk, for victualling 45 men of the flying camp, 4 45/90 dollars:

To Francis Hopkinson, Esq r . for his and James Wilson, Esq r . their expences, &c. at Bristol, to make enquiry respecting despatches sent from head quarters, and lost, by the express, 25 60/90 dollars:

To Sebastian Miller, for the hire of a waggon with money from Philadelphia to Boston, 65 30/90 dollars:

To John Gibson, Esq r . auditor general, for half a years' salary due the 9th of October last, at the rate of 1,066 60/90 dollars per annum 533 30/90 dollars:

Ordered , That the said accounts be paid.

The ship Lady Catharine , George Ord, master, which was sent out last winter, being returned,

Resolved , That the Secret Committee be empowered and directed to settle the accounts of the voyage, and 0077 931 report in what manner the cargo imported is to be disposed of.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A petition from John Connolly, was read:

Ordered , That it be referred to the committee appointed to examine into the state of prisoners in the public gaol of Philadelphia.

Whereas, the late Major General Ward, since his resignation of his trust, has continued in command, in the eastern department, at the request of the commander in chief, and still continues therein at the request of Congress; it is, therefore,

Ordered , That he receive the pay of a major general, commanding in a separate department, from the 26th day of April last, being the time of his resignation, and until a suitable person shall be appointed to take the said command in his stead, or it shall be otherwise ordered by Congress.

Resolved , That Richard Bache be appointed post master general in the room of Dr. [Benjamin] Franklin, who is absent.

An appeal being on the first of this month lodged with the Secretary against the sentence passed in the court of Admiralty, for the port of Philadelphia, in the state of Pensylvania, in the libel “John Barry, qui tam &c. vs . the sloop Betsey , &c.”

Ordered , That it be referred to a committee of five, and that the said committee be empowered to hear and determine upon the said appeal:

The members chosen, Mr. [George] Wythe, Mr. [Robert 0078 932 Treat] Paine, Mr. [James] Wilson, Mr. [William] Hooper, and Mr. [Edward] Rutledge.

Resolved , That the resolution passed the 14 October last, “that the allowance to officers of 1⅓ dollar for inlisting soldiers be not extended or given on the reinlistment of the soldiers in camp,” be repealed, and the same henceforth allowed.

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

Resolved , That 266⅔ dollars be advanced to Captain Francis Holland, and 133⅓ dollars to Captain Robert Harris, both of the Maryland flying camp, they to be respectively accountable to the council of safety of that state for the said sums, which are to be for the use of, and charged to the account of, their respective companies:

That 1,110¾ dollars be advanced to Captain Alexander Lawson Smith, of the Late Colonel Stevenson's rifle regiment, to pay the subsistence money of, and to enable him to advance a month's pay to the said company:

That commissions be sent to General Schuyler, for Colonel Elmore's regiment to be filled up according to the ranks and times of service of the officers of the said regiment; the general making such arrangement therein as he shall think just and proper:

That commissions be also sent to General Schuyler, to be filled up with the names of the officers yet unprovided for, who have served in Canada, according to their ranks and merits, to complete Colonel Livingston's regiment:

That General Schuyler, agreeable to his request, have permission to repair to Congress, as soon as he shall be of opinion the service will admit of his absence from his department:

That General Schuyler be informed that Congress have 0079 933 repeatedly applied to Maryland on the subject of the Nanticoke Indians, without having received an answer; that application shall again be made, and information given him of the result:

That General Schuyler be allowed to give such cloathing to the Indians as he shall think can be spared for that purpose:

That the deputy muster master general, in the northern department, have the rank of lieutenant colonel in the army of the United States:

That General Washington be requested to take proper steps for the trying all deserters from his army, and punishing, in the most exemplary manner the articles will admit, all such officers and soldiers who shall be base enough disgracefully to leave the service of their country at this time of trial and danger.

Resolved , That each of the persons to be appointed to execute the business of the navy, under the direction of the Marine Committee, be allowed the salary of fifteen hundred dollars per annum.

A letter from Colonel Miles to William Wister, was laid before Congress and read; wherein he intimates that an exchange may be accomplished of him for Mr. Foxcroft, and perhaps of Colonel Atlee, or Lieutenant Colonel Piper, for Mr. Dashwood:

Resolved , That the letter be transmitted to General Washington, and that he be desired to do therein what he shall think proper.

The Committee to whom part of the report of the Marine Committee was recommitted, brought in a report.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 4th, from R. Dallam, deputy pay master general, was read; Whereupon,

Resolved , That 5,000 dollars be paid to Gustavus Risberg, A. Q. M. general, and charged to the account of Richard Dallam, agreeable to the request of the said R. Dallam; and that the letter be referred to the Board of Treasury.

Resolved , That Doctor [John] Witherspoon have leave to take with him to Princeton, Archibald Gardiner, James Henderson, Peter Jack, and Hugh Ross, four of the prisoners lately sent to Philadelphia, and there to keep them till the farther orders of Congress.

The committee appointed to devise means for preventing the evils to be apprehended from the internal enemies of the United States, and hindering them from carrying on correspondence with the foreign enemies to the said states, brought in a report, which was read:

Ordered , That it be referred for consideration to Monday next.

A petition from Paul Christman, ensign in Captain William Keyser's company, from Maryland, in the German batallion, was read, praying for leave to resign his commission:

Resolved , That leave be granted.

The Committee of Treasury reported,

That there ought to be advanced to Colonel Valentine Crawford, one of the executors of the late Colonel Hugh Stephenson, on account of his estate, 100 dollars:

That there is due to the following Canadian prisoners, and to be paid to Captain Chartier de Lotbinier, 253 30/90 dollars: viz.

Ordered , That the said accounts be paid.

Resolved , That a committee of three be appointed to consider and report under what restrictions the suttlers, who supply the army, should be laid, and that the motions made by Mr. [Elbridge] Gerry, and seconded, be referred to this committee:

The members chosen, Mr. [Elbridge] Gerry, Mr. [George] Wythe, and Mr. [Oliver] Wolcott.

A petition from James Budden and T. Lawrence was read, requesting “leave to export provisions to Turks' Island, in order to bring in a load of salt from thence:”

Resolved , That leave be granted.

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

Resolved , That Mynheer N. D. Ottendorf be appointed a brevet captain in the service of the United States.

Resolved , That Tuesday next be assigned for taking into consideration the trade of these colonies ∥states.∥

Resolved , That the sum of 2,666⅔ dollars be advanced to the committee appointed to contract for making cannon; they to be accountable.

A letter from Tench Coxe, at Trenton, to John Tabor Kempe, Esq r . of New York, was laid before Congress, with a view to obtain leave to have it forwarded with a view to negotiate an exchange between Mrs. Kempe and Mrs. Lewis; and information being given to Congress that General Howe has applied by a flag to General Washington for leave to sundry Ladies to pass into New York; and leave requested to forward the same in order to obtain the release of Mrs. Lewis, who is detained ∥a prisoner∥ by the enemy on Long Island:

Resolved , That this matter be referred to the Board of War:

That the delegates of New Jersey be directed to cause strict enquiry to be made through what channel Mr. Kempe conveyed the intelligence mentioned in the foregoing letter.

Resolved , That 120 dollars be advanced to Captain George Gibson, of the first battalion of Virginia, he to account with the pay master general on the settlement of his accounts.

A letter from James Sullivan was read, and referred to the Board of War.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

Resolved , That two months' pay, being 250 dollars, be advanced to Brigadier General Roche de Fermoy, he to be accountable:

That he be ordered to repair to the northern army at Ticonderoga, and put himself under the command of General Schuyler.

A letter of the 3d from Timothy Danielson, chairman 0083 937 of a committee of the general assembly of the state of Massachusetts bay, appointed to officer and inlist seven batallions out of the officers and soldiers in the continental army near White Plains, with sundry papers enclosed, was read: 1

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

The members chosen, Mr. [James] Wilson, Mr. [Edward] Rutledge, and Mr. [George] Wythe.

Resolved , That two months' pay be advanced to Captain Ottendorf; and that he be ordered to repair to head quarters, near White Plains, and put himself under the command of General Washington.

The Committee of Treasury reported, that there is due,

To Robert Towers, commissary, for sundry articles purchased by him by direction of the Board of War, and to be charged to the account of the said Board, 526 74/90 dollars:

That, 3,280 dollars be advanced to Captain Casdorp, to pay the arrearages due his company of carpenters sent to Ticonderoga: for which he is to account:

That 50,000 dollars be sent to Richard Dallam, deputy pay master general for the flying camp; he to be accountable:

Ordered , That the said sums be paid.

The committee appointed to consider and report under what restrictions the suttlers, who supply the army, ought to be laid, brought in a report, which was read; and, after some debate thereon,

Resolved , That a Sutler be appointed for y e Army at New York, whose Business it shall be to provide at y e cheapest Rate for y e Soldiers, full Supplies of such necessary Articles as the General shall direct.

That for this purpose he be supplyed with Money by y e General's Warrants on y e paymaster, and provide such a Number of Assistants and Deputies, as y e General shall direct; each of whom to be approved by the General and allowed the pay and Rations of a .

That to y e Cost, Transportation, and other Expences of y e Articles which he shall purchase, be added 10 per Ct.

That from his general Store, he shall order Supplies to be delivered to his Deputies, who shall be stationed in such different Parts of y e Army as may be most convenient for supplying y e Troops.

That he keep constantly posted at his Stores and also recorded, the prices to be given by y e Soldiers for y e Goods supplyed by y e Deputy Sutlers, to which y e Soldiers may recur for preventing Impositions.

That he keep an Account of y e Articles delivered to his Deputies, and direct them once a Week to make Return of such as have been sold, together with y e Money arising from y e Sale; and Also of y e Articles remaining on Hand, as often as y e Sutler shall judge it necessary.

That Rum or other Spirits shall not be supplied to any non Commission officer or Soldier, without permit from y e commanding officer of his respective Company.

That y e Deputy Sutler shall once a Month present a List of y e Debts due to them from y e Soldiers, to y e paymasters of their respective Regiments, who shall make y e proper stopages and discharge y e same.

That y e Sutler invest y e Money which from Time from Time he shall receive from y e Deputies in new Supplies for y e Army.

That should any of his Deputies be detected in taking for Goods a higher price than he shall have affixed thereto, or neglect to adjust their Accounts as before directed, the same be by him forthwith removed.

That he make monthly payment to his Deputies of y e Salaries allowed them by Congress, and be himself allowed y e pay and Rations of a .

That he adjust his Accounts at y e End of y e Campaign with y e Commissioners of Accounts, or oftener, if they shall judge it necessary, and charge therein y e Salary granted as aforesd.

That on a final Settlement of his Accounts he return to y e paymaster y e Sums supplyed him from y e military Chest, and deliver to such person as y e General shall appoint y e Balance arising by profits on y e Sale of Goods, to be distributed amongst y e widows of such non Commission 0085 939 officers and Soldiers, as may have lost their Lives in y e Army during y e ensuing Campaign.

That he take an Oath to y e faithful Discharge of his Duty. 1

Resolved , That the farther consideration thereof be postponed to Monday.

Congress having received intelligence that a free and open communication and correspondence is kept up with the enemy on Staten Island and New York, from Elizabethtown, Newark, and the parts adjacent, to the great detriment of the American cause: It is therefore recommended to the governor, council, and assembly of the state of New Jersey, to take the most speedy and effectual measures to stop all communication between that state and the enemy's quarters, that shall not be directed by proper authority.

A memorial from Lawrence Bowden, late master of the ship Royal Exchange , taken by the Columbus , ship of war, was presented to Congress and read:

Ordered , That it be referred to the Marine Committee.

Resolved , That this Congress will, on Tuesday next, resolve itself into a committee of the whole, to take into consideration the means of supporting the credit of the continental currency.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock on Monday.

A letter, of the 6, from General Washington; and one, of the 8th, from Brigadier General Mercer; 2 were read, and referred to the Board of War.

A letter from R. Bache, was read, and referred to the Board of Treasury.

Resolved , That Colonel James Livingston have leave to recruit his regiment in any of the United States.

A petition from Charles Noel Romand, Sieur de Lisle, captain in the corps of artillery in the service of France, was read and referred to the Committee appointed to contract for casting cannon Board of War.

Resolved , That the Board of War be empowered and directed immediately to confer with the council of safety of Pensylvania, or a committee by them appointed, on the best ways and means of defending this city ∥of Philadelphia,∥ in case it should be attacked.

Resolved , That the Committee of the Treasury, or either of them, be empowered to administer oaths to persons whom they shall examine or employ in executing the resolutions of Congress.

The committee to whom the letter from Timothy Danielson, and the papers enclosed therein, were referred, brought in a report, which was taken into consideration, and, after debate,

Resolved , That the farther consideration thereof be postponed.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 10th, from General Mifflin; one, of the 10th, from Richard Dallam; and one, of the 9, from Dr. Shippen, were read. 1

The Committee of Treasury reported, that there is due,

To George Stultz, for iron work, and repairing a continental light waggon, 12 60/90 dollars:

To John Tyler, for bayonet scabbards, and repairing arms for the German batallion, 82 30/90 dollars:

To Mons. Lotbinier, a Canadian chaplain, for his pay and rations, from 10 October to 10 November, 41 30/90 dollars:

To Doctor Beaumont, a prisoner, of the 26th regiment, for his allowance from 21 July to 3 November, inclusive, being 15 weeks, at 2 dollars a week, 30 dollars:

To William M'Leod, a prisoner, of the 59th regiment, for his allowance from 21 July to 3 November, inclusive, being 15 weeks, at 2 dollars per week, 30 dollars:

That there is to be paid to Daniel du Chemin, for the allowance due to Messrs. Hertel, Giasson, and la Magdalaine, Canadian prisoners, from the 1 August to 6th November, inclusive, being 14 weeks, at 2 dollars a week, is 28 dollars each, 84 dollars:

That there should be paid to Joel Zane, for the allowance due to Lieutenant Hamar, of the 7th regiment, from 20 July to 1 November, inclusive, being 15 weeks, at 2 dollars a week, 30 dollars; and to Captain Swan, of the 26th regiment, from 21 June to 1st November, being 19 weeks, at 2 dollars, 38 dollars; the whole 68 dollars:

To James Budden, for his, and others of the light horse, their expences as an escort with money to New York, 82 dollars, and for his expences with General Prescot from Reading to Philadelphia, 24 42/90 dollars; both sums making 106 42/90 dollars:

To William Woodhouse, for wafers for the use of Congress, 1 12/90 dollars:

To Thomas Smith, for paper for the use of the commissioners for the New York department, 15 78/90 dollars:

That there should be paid to Dr. Rush, 625 dollars for 0088 942 5 months' advance pay to Brigadier General Thompson, he to be accountable:

Ordered , That the said accounts be paid.

The Committee of Treasury, to whom that part of the petition and memorial of John Brown, Lieutenant Colonel of the regiment commanded by Colonel Elmore, praying that his extraordinary services in Canada, last year, may be considered, was referred, brought in a report, which was read:

The committee, to whom that part of the petition and memorial of John Brown, Lieutenant Colonel of the regiment commanded by Colonel Elmore, praying that his extraordinary services in Canada last year may be considered, was referred, have examined the matter thereof; and report, that, according to the narrative of Colonel Browne, contained in his letter to Major General Schuyler, he performed many valuable services in Canada; that he was instrumental in procuring useful intelligence of the number and strength of the british forces and armed vessels there, and of the inclinations and designs of the inhabitants and savages; that he cut off the communication between Saint John's and the circumjacent country, surprized Laprairie, took Chamblé, captivated prisoners, and seised stores and other things; and that during the whole campaign he was almost continually in some active employment, by night as well as by day, suffering much fatigue and hardship, and frequently exposed to dangers; that these allegations are in some measure supported partly by letters to Congress from the late Brigadier General Montgomery, dated the 19 and 24 of September, 16 and 20 of October, 3 of November, and 5 of December, 1775, with the articles of capitulation at Chamblé when it was surrendered, and partly by a certificate signed by Colonels James Livingston and Timothy Bedel, Major Robert Cockran, and Captains Gershom Motte and William Satterlee. That on the eighth day of November, 1775, the Congress in their instructions to the gentlemen appointed to repair to Ticonderoga, authorised them, among other things, to assure Major Brown and Major Livingston, ‘that Congress had a just sense of their important services, and would take the first proper opportunity to reward them.’

But it appears to the committee, that, if Colonel Brown be rewarded by promotion in military rank, which is supposed to have been designed by that assurance, his eye-sight is so impaired by the cold weather last 0089 943 winter that he will not be able to perform the duty of his office, unless it be in some stationary post. It is therefore upon the whole matter submitted to Congress to determine whether any further provision ought to be made for him or in what other manner, he having been [29 July, 1776] promoted to the rank of lieutenant colonel from that of major. 1

Ordered , To lie on the table.

A letter to Willing & Morris, from Samuel Smith, master of the Hancock & Adams , (who, on his passage to Philadelphia, was taken by the Gamecock privateer, of Rhode Island, commanded by Timothy Pierce, and carried into Bedford, in the Massachusetts bay) dated Bedford port, November 1, was laid before Congress and read:

Ordered , That it be referred to the Secret Committee, and that they report the cargo of the Hancock & Adams , and how it ought to be disposed of.

The Board of War, ∥to whom a request from the state of Virginia was referred,∥ brought in a report, which was taken into consideration; Whereupon,

Resolved , That the demands of the Continent for cannon are at present of so pressing a nature that none can be spared for the particular use of any state; but, as soon as a sufficient quantity of ordnance is supplied to the United States, the request of the state of Virginia, to be permitted to purchase cannon at Hughes's works, shall be complied with.

That Monsieur Romand de Lisle be appointed a major of artillery in the service of the United States, and sent to General Washington, to be employed as he shall think proper.

A petition from James M'Connaughy was read, 2 and referred to the Board of War.

A memorial from Azariah Dunham was presented to Congress, and read:

Ordered , That it be referred to the council of safety of Pensylvania.

A letter, of the 9th, from General Washington, enclosing a letter of the 31 of October from General Gates, at Ticonderoga, was read. 1

Congress resumed the consideration of the report of the committee on the letter of Timothy Danielson; Whereupon,

Resolved , As the opinion of this Congress, that if the soldiers to be raised by the state of Massachusetts bay, be inlisted on the terms offered to them, which are more advantageous than what are offered to other soldiers serving in the same army, it would much retard, if not totally impede, the inlistment of the latter, and produce discontent and murmur, unless Congress should equally increase the pay of these, which, it is the opinion of this Congress, would universally be reprobated as an immoderate expence, and complained of as a grievous burden by those who must bear it; and, therefore, that the committee from the state of Massachusetts bay be desired not to inlist their men on the additional pay offered by the assembly of that state.

Upon re-considering the resolution of the 16th of September last, for raising eighty eight batallions to serve during the present war with Great Britain, Congress being of opinion, that the readiness of the inhabitants of these states to enter into the service for limited times, in defence of their invaluable privileges, on all former occasions, gives good ground to hope the same zeal for the public good will appear in future, when necessity calls for their assistance, and, least the uncertain length of time which 0091 945 forces, raised during the continuance of the war, may be compelled to serve, may prevent men from inlisting who would otherwise readily manifest their attachment to the common cause, by engaging for a limited time; therefore,

Resolved , That all non-commissioned officers and soldiers who do not incline to engage their service during the continuance of the present war, and shall inlist to serve three years, unless sooner discharged by Congress, shall be entitled to, and receive all such bounty and pay as are allowed to those who inlist during the continuance of the present war, except the one hundred acres of land; which land is to be granted to those only who inlist without limitation of time. And each recruiting officer is required to provide two distinct inlisting rolls, one for such to sign who inlist during the continuance of the war, and the other for such as inlist for three years, if their service shall be so long required. 1

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 12 of October, from Joseph Trumbull, commissary general, was read; 1 Whereupon,

Resolved , That 40,000 dollars be advanced to Thomas Lowry, and charged to the account of Mr. J[oseph] Trumbull, agreeable to his request.

The Marine Committee having recommended Colonel John Nixon, and John Wharton, as fit persons to execute 0093 947 the business of the navy, under the direction of the Marine Committee,

Resolved , That they be accepted.

A letter, of the 10 November, from M. Tilghman, president of the convention of Maryland, enclosing sundry resolutions of that body, relative to the raising their quota of the new levies, was laid before Congress, and read: 1

Ordered , That Mr. President furnish the commissioners of the said state, sent therefrom to raise their levies, with the resolution of yesterday, admitting the new levies to inlist for three years only, and, at the same time inform them, that, if the inhabitants of that state will inlist to serve during the continuance of the present war, they already have the faith of the United States of America pledged for the land to be granted to such soldiers. 2

“The Committee of Treasury reported, that there is due,

To Mons. la Marque, a Canadian prisoner, for his allowance from the 31 August to the 8 November, inclusive, being 10 weeks, at 2 dollars per week, 20 dollars, to be paid to Mons. de la Magdalaine:

To Captain Thomas Gamble, a prisoner of the 47 regiment, 0094 948 for his allowance from the 10 August, to the 2 November, inclusive, being 12 weeks, at two dollars per week, 24 dollars, and to be paid to James Biddle, Esq r .

To Michael Leightner, and to be paid to George Aston, for victualling troops on their march, 15 5/90 dollars.

To John Nourse, for ferriage of himself, General Lee and his servants, horses, &c. over Hoes' ferry, 4 60/90 dollars, to be paid to Colonel [Benjamin] Harrison:

To Doctor Samuel Wilson, for board, attendance, and medicine, to sick soldiers of the 6 Virginia regiment, 33 60/90 dollars:

To Wollore Meng, for 12 scabbards delivered to Captain Ralph Falconer, of the 5th Virginia batallion, 4 72/90 dollars:

That there should be paid to Thomas Armer, on account of Elizabeth Robinson, for so much short paid on settlement of her account, the 14th October last, for board, &c. of sick soldiers belonging to Captain Grier's company, 10 dollars:

That there should be paid to the Pensylvania hospital, for the support and cloathing of John Hughes, a wounded solider, 36 54/90 dollars:

That there should be paid to Adam Eccle, 8 78/90 dollars, being so much paid by him to Serjeant John Byers, of Captain Hubley's company, in Colonel Shee's batallion, to enable him to support his party, being a guard to powder from Philadelphia to North Carolina:

That there is due to William O'Hara, a soldier in the late Captain William Hendricks' company, taken at Quebec, and now returned, for his pay from 1st January to 10 November, 1776, being 10 months and 10 days, at 6⅔ dollars a month, 68 80/90 dollars:

To Henry Taylor, a soldier in Captain Smith's rifle company, taken at Quebec, and now returned, for his pay 0095 949 from 1 June to 10 November, being 5 months and 10 days, at 6⅔ dollars, 35 50/90 dollars:

To Dr. William Sarringhause, for medicine and attendance to the sick of Captain Woelpper's company, in the German batallion, 24 1/90 dollars.

To Benjamin Eyre, ship wright, for his pay and rations, employed in constructing row gallies at New York, horse hire, and travelling expences to Albany, to engage boards, &c. for the army, 427 77/90 dollars:

That 60,000 dollars be sent to Richard Dallam, Esq. deputy pay master general of the flying camp, for the use of the army:

That there is due to Daniel Naeff, for the ferriage of Virginia troops, their baggage, waggons and horses, over the Susquehanna, 61 72/90 dollars:

To Andrew M'Nair, for his attendance on Congress 146 days, cleaning house, &c. to the 1st November, 118 81/90 dollars:

Ordered , That the said accounts be paid.

The Board of Treasury brought in a farther report respecting the certificates to be given to the lenders of the 5 millions of dollars, voted to be borrowed, which was read.

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

Resolved , That 2,000 dollars be advanced to Colonel Hausegger for the use of the German batallion; he to be accountable.

That the remainder of the report be postponed till to Morrow.

The Secret Committee, to whom the letter from Captain Smith was referred, brought in a report, which was taken into consideration: Whereupon,

Resolved , That the Secret Committee be directed to 0096 950 write letters to Governor Cooke, to the continental agent in Rhode Island, and such other persons as they shall think proper, to make strict enquiry into the conduct of Captain Timothy Pierce, respecting the capture or seizure of the ship Hancock & Adams , employed in the continental service, and cause him to be prosecuted for the penalty of the bond given, when he received his commission, if it shall appear, on the enquiry, that in justice to the Continent, such prosecution should be commenced; and the said committee are authorized to do what may be necessary for supporting the prosecution.

Resolved , The remainder of the report postponed.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 4th, from R. H. Harrison; and a letter, of the 17th October, from James Bowdoin, Esq r . were read, 1 and referred to the Board of War.

Resolved , That a committee of two be appointed to confer with the council of safety of Pensylvania, and enquire what quantity of salt they have now on hand, or expect shortly, and what proportion can be spared for the public service:

The members chosen, Mr. S[amuel] Adams, and Mr. [William] Whipple.

Information being given to Congress, that part of the enemy's fleet was seen coming out of the Hook, and steering their course to the southward: 2

Resolved , That copies of the letter, giving the information, 0097 951 be sent by express to the General, and to Governor Livingston, of New Jersey, and also to the southern states.

Resolved , That the Board of War do immediately confer with the council of safety of this state, and co-operate with them in devising ways and means and [for] calling forth the strength of this and the neighbouring states, for the defence of this city, against any attempts which the enemy may make to obtain possession of it; and that, for this purpose, the Board of War be invested with the full powers of this Congress, to promote most effectually this important purpose:

That the Marine Committee also be directed to make such disposition of the naval force, now in the river Delaware, or the neighbourhood thereof, as will best conduce to defeat the designs of the enemy.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 11, from General Washington, at Peek's kill;

One of the 5, from General Gates, at Ticonderoga, advising the retreat of General Carleton from Crown Point; one, of the 8th, from General Schuyler, at Albany; one of the 12th, from General Greene; and one, without date, from General Lewis; and one from Robert Ogden, of the 11th; and one from R. Dallam to R. Peters, were laid before Congress, and read: 1

Ordered , That the letter from General Lewis be referred to the Marine Committee.

Resolved , That the council of safety of Pensylvania be requested to supply Mr. E. Blaine, with 230 bushels of salt, for the public service: That the said council of safety be, and they are hereby requested, to supply Messrs. Lowry, Wharton, Ogden, and Dunham, ∥assistants to the commissary general,∥ or either of them, with one half of such quantities of salt, as, are, or may be, in their hands, for the use of the Continent.

Two memorials, one from Eleazar Oswald, and the other from Samuel Lockwood, were read, and referred to the Board of War.

Mons r . Romand de Lisle, who was, on the 12, appointed a major of artillery, thinking that appointment inadequate to his merit and abilities, requesting to be sent to General Washington, that he may have an opportunity of giving a specimen of his abilities:

Resolved , That he be permitted to go to General Washington.

Ordered , That the Marine Committee apply to the council of safety of Pensylvania, for 1,500 24 lb. 1,800 18 lb. cannon shot, and 500 bar shot, which shall be re-placed by Congress; and that the said committee send the shot and 6 tons of powder to South Carolina, for the defence of that state and North Carolina:

That a copy of the intelligence contained in General Greene's letter of the 12th, be sent by express, with all possible expedition, to the southern states.

The Secret Committee having reported, that the cargo belonging to the continent, imported in the Hancock & Adams , consisted of the following articles, viz. 72 chests of arms, 311 barrels of gunpowder, 338 pigs of lead, 9 casks of gun flints, 1 case of pins, 133 barrels of tin plates, 5 cases of iron wire, 70 casks of salt petre, and 10 bales of merchandise:

Resolved , That the Secret Committee direct the entire cargo of the Hancock & Adams to be landed at Bedford, and deposited in places of safety, under the care of the committee of that place, until ordered from thence:

That the muskets, powder, lead, and gun flints, be delivered by the committee of Bedford, to the order of the Board of War, who are to inform the General of these stores, and direct the whole, or any part that may be wanted for the use of the army, ∥to be delivered to him;∥ with an injunction not to put the muskets into the hands of any but those soldiers who inlist under the late resolves and regulations of Congress:

That every part of the merchandise on board the said ship, that is now wanted for the use of the army, be applied to that use, and that the Secret Committee inform General Mifflin, the quarter master general, thereof, and enclose him an order for the immediate delivery of all such parts as he shall desire:

That the remainder of this cargo be subject to the directions of the Secret Committee, who are empowered to order it from thence, either by sea or land, to any other part or parts of these states, where the articles may be wanted for the public service.

The Committee of Treasury reported, that there is due,

To the trustees for the poor of Frederic county, Maryland, for board and attendance of sick soldiers of the Maryland troops in continental service, 58 30/90 dollars, and to be paid to Nicholas Hower:

To Dr. Nicholas Way, for medicine, attendance, lodging, nursing, &c. of sick soldiers of the 5th and 6th Virginia regiments, 467 36/90 dollars.

Ordered , That the said accounts be paid.

Congress took into consideration the report of the committee to whom that part of the part of the report of the Marine 0100 954 Committee relative to the pay and rank of the marine, was recommitted; Whereupon,

Resolved , That a bounty of 20 dollars be paid to the commanders, officers, and men of such continental ships or vessels of war, as shall make prize of any British ships or vessels of war, for every cannon mounted on board each prize, at the time of such capture, and 8 dollars per head for every man then on board and belonging to such prize:

That the rank of the naval officers be to the rank of officers in the land service, as follows:

Admiral as a General,

That the pay of all officers and men in the American navy, from the date of the new commissions, under the free and independent states of America, be as follows ∥per calendar month∥:

That vessels, under ten guns, to be commanded by lieutenants:

∥That the pay of the officers in such vessels be,∥

The other officers and men the same as in vessels from 10 to 20 guns:

Marine officers,— Captain, 30 dollars.

Non-commissioned officers and soldiers the same as in the land service. 1

Resolved , That the president write to General Washington, and inform him, he has leave to negotiate an exchange of the foreign troops in the pay of Great Britain, that are prisoners to these states.

Congress took into consideration a report from the Board of Treasury, for carrying into execution the resolutions of Congress relative to the loan office; Whereupon,

Resolved , That the certificates be of the following denominations:

737 of 1,000 737,000

That the value or denomination of the certificates, be, in different parts thereof in print and writing:

That each denomination have a check letter, corresponding with a letter in the margin to be left in the book:

That the several denominations be further distinguished from each other, by having the border, at the end of the certificate, varied or altered from the rest:

That the engraved ornaments between the margin, or part left in the book and the certificate, be cut indentwise, first having occasional dashes made with a pen 0102 956 across it, of the colour with which the treasurer signs his name:

That the impressions of the rolling press, with the signature of the treasurer, in certificates of the highest denomination, be made with yellow ink, of the second with blue, of the third with red, of the fourth with green, and of the fifth or lowest denomination with purple.

A petition from Joseph Dean, Matthew Irwin, John Dunlap and Benjamin Harbeson, was read, and referred to the Board of War.

Dr. Charles Ludwig having been duly examined on the practice of surgery and medicine, and recommended as duly qualified,

Resolved , That he be appointed surgeon to the German batallion.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

Resolved , That 300 dollars be advanced to the secretary of the Board of War, to defray contingent expences; he to be accountable.

Resolved , That it be recommended to the convention of North Carolina, to station ∥brigadier∥ General Moore, with the regular troops under his command, in such parts of that state, or of the state of South Carolina, where they will be in a capacity to render immediate and seasonable assistance to their friends in South Carolina; and that they may be upon the spot to oppose the enemy, when, and wheresoever, they shall attempt to make their landing good in that state; and that the convention of North Carolina do, immediately, at the continental expence, 0103 957 embody five thousand militia, to compleat any military operations already begun by General Moore, to defend the state of North Carolina, or march to the relief of their neighbours in South Carolina, or Virginia, where there shall be most occasion for their support. 1

The Committee on the Lottery, brought in a report, which was read:

Ordered , To lie on the table to be taken into consideration on Monday next.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock on Monday.

Resolved , That the sum of 40,000 dollars be advanced to the council of safety of Pensylvania; the said state to be accountable. 2

A letter, of the 14, from General Washington, enclosing copies of letters which passed between him and General Howe; one of the 6th, from General Gates; one, of the 10, from Richard Stockton, and G. Clymer, at Albany; one, of the 11, from General Schuyler, at Albany; one, of the 16th, from Brigadier General Stephen, at Amboy; 0104 958 and one, from B. Harrison, of the 1st, ∥pay master in the southern department;∥ and, one of the 8th, from Brigadier General Lewis, at Williamburg, were read: 1

Also a letter and memorial from Joseph Trumbull, and a memorial from Ebenezer Hazard, were read, and referred to the Board of Treasury.

Ordered , That the letters from General Washington, General Schuyler, and General Gates, and General Stephen, be referred to the Board of War; and the letters from Brigadier General Lewis and from B. Harrison, be referred to the Board of Treasury.

A letter from Juliana Zedwitz was read, and referred to the Committee on the State of Prisoners.

Resolved , That a member be added to the said committee, and that they be directed to take into consideration the case of Lieutenant M'Lean, who was sent to Philadelphia by General Wooster:

The member chosen, Mr. [William] Hooper.

The Marine Committee having recommended Francis Hopkinson, Esq r . as a fit person to execute the business of the navy, under their direction,

Resolved , That he be accepted.

A memorial of Isaac Cox, in behalf of Alexander Frazer and others, inhabitants of the Island of Providence, owners of two sloops called the Dragon and the Molly , taken by private sloops of war, called the Congress and the Chance , and brought into the port of Philadelphia, but afterwards released, | praying for letters of safe conduct for the said sloops to the port of Providence, in order to 0105 959 prevent any arrest or molestation from ships of war in the service of the United States. 1

Resolved , That the prayer of the petition be granted.

A petition from Muscoe Livingston, was read:

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

The members chosen, Mr. [James] Wilson, Mr. [George] Wythe and Mr. [George] Ross.

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

Resolved , The scheme of the lottery be as follows, viz.

That it consist of 100,000 tickets, each ticket to be divided into four billets, and to be drawn in four classes.

The lottery being intended to raise a sum of money on loan, bearing an annual interest of four per cent. which, with the sums arising from the deduction, is to be applied for carrying on the present most just and necessary war, in defence of the lives, liberties and property of the inhabitants of these United States:

Resolved , That the fortunate adventurers in the 1st class, who draw more than 20 dollars, and so in the 2d and 3d classes, who draw more than 30 or 40 dollars, shall, at their option, receive a treasury bank note for the prize or 0107 961 prizes drawn, payable at the end of five years, and an annual interest on the same, at the rate of four per cent., or the pre-emption of such billets in the next succeeding class, as shall not be renewed within the time hereinafter limited. Every adventurer in the 1st class shall have a right to go through the subsequent classes, but shall not be obliged to do it. The drawers of 20, 30 and 40 dollars in the 1st, 2d and 3d classes, who do not apply for their money within six weeks after the drawing ends, shall be deemed adventurers in the next succeeding class, and have their billets renewed without any further trouble. If any others shall neglect or decline taking out and paying the price of their billets, for a subsequent class, within six weeks after the drawing ends, their billets shall be sold to the fortunate adventurers in the preceding class, or to such as shall apply for the same. The fortunate adventurers in the last class, who draw 50 dollars, shall, upon application to the commissioners of the loan offices in the respective states, where the drawers reside, receive their money, without any deduction, and all who draw above that sum, shall receive in like manner, without deduction, for the sums drawn, bank treasury notes payable at the end of five years after the drawing, at the loan office of the state in which the drawers reside. The interest to commence from the last day of drawing, and to be paid annually at the said respective loan offices:

That, for carrying into execution the said lottery, there shall be seven managers, who shall give bond, and be on oath, for the faithful discharge of their duty:

That the money, as fast as received by the managers for billets, be lodged in the continental treasury:

That the drawing of the first class begin at Philadelphia, on the 1st of March, 1777, or sooner, if sooner full.

Resolved , That the further consideration of the report be postponed till to Morrow.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

The convention of Maryland having appointed new delegates, two of them attending, produced the credentials of their appointment, which were read, as follows:

MARYLAND

In Convention , November 10, 1776

Resolved , That the Hon. Matthew Tilghman, Esq r . and Thomas Johnson, Jun. William Paca, Thomas Stone, Samuel Chase, Benjamin Rumsey, and Charles Carroll, Bar. Esquires, or any three or more of them, be Delegates to represent this State in Congress, until the first Day of March next, or until the General Assembly shall make further order therein; and that the said Delegates, or any three or more of them, be Authorized and empowered to concur with the other United States, or a Majority of them, in forming a Confederation, and in making foreign Alliances; provided that such Confederation, when formed, be not binding upon this State without the Assent of the General Assembly; and the said Delegates, or any three or more of them, are also Authorized and Empowered to concur in any Measure which may be resolved on by Congress, for carrying on the War with Great Britain, and securing the Liberties of the United States, reserving always to this State the sole and exclusive Right of regulating the internal Police thereof. And the said Delegates, or any three or more of them, are hereby Authorized and Empowered, notwithstanding any Measure heretofore taken to concur with the Congress, or a Majority of them, in accommodating our unhappy Difference with Great Britain, on such Terms as the Congress, or a Majority of them, shall think proper.

Extract from the Minutes: G. Duvall . 1

Resolved , That the Board of Treasury be directed, in settling Brigadier General Armstrong's accounts, to allow him his charge for his travelling expences to and from South Carolina, the sum of £150 ∥amounting to 400 dollars:∥

A letter, of the 16, from General Washington, and one of the 17th, from Clement Biddle, were read. 1

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

Resolved , That one hundred three pounders, fifty six pounders, fifty twelve pounders, thirteen eighteen pounders, and thirteen twenty four pounders, all of brass, be immediately provided as field artillery, for the use of the armies of the United States:

That the Secret Committee be directed to take the most effectual measures for procuring the said brass artillery; that the said Committee confer with the Committee for procuring Cannon, and consult with them how many they can provide:

That this matter be kept as secret as the nature of the business will admit.

Resolved , That 400 dollars be advanced to the delegates of North Carolina, for the use of that state, which is to be accountable.

Congress resumed the consideration of the report on the lottery; Whereupon,

Resolved , That each of the managers shall receive for his trouble one tenth per centum on all the money he shall receive in the sale of the tickets:

That the tickets or billets be sold for ready money:

That each of the managers give bond to the president,2 0110 964 for the use of the United States, in the penalty of 20,000 dollars, for the faithful discharge of their trust.

Resolved , That a member be added to the committee appointed to hear the appeal against the sentence passed on the libel, John Barry, qui tam vs . the sloop Betsey , &c. in the room of Mr. [Edward] Rutledge.

The member chosen, Mr. [Samuel] Chase.

Congress being informed, there are two ensigncies vacant in the German batallion, proceeded to elect persons to fill up the same; and the ballots being taken,

George Howard and Jacob Laudermilk were elected.

The Committee of Treasury reported, that there ought to be advanced to Colonel James Livingston the sum of two thousand dollars, for which he is to be accountable to the commissioners ∥for auditing the accounts∥ of the northern department:

That there is due to Edward Rutledge, Esq r . for cash he paid by order of Congress, to Joseph Beck, an express to South Carolina, with despatches, intercepted with Kirkland, &c. the sum of 133 30/90 dollars; and for his, Dr. [Benjamin] Franklin, and Mr. [John] Adams, a committee to Staten Island, for their expences there and back, 71 30/90 dollars; the whole amounting to 204 60/90 dollars:

To Joseph Baldwin, for ferriage of militia &c. over Neshaminy ferry, 6 54/90 dollars:

To Samuel Pugh, for victualling troops of the flying camp, on their march, 8 dollars:

To John Jarvis, for ferriage over Neshaminy, 12 21/90 dollars, and horse hire to different expresses, 10 36/90 dollars, amounting to 22 57/90 dollars:

That there should be paid to the Board of War, to be by them sent to Benjamin Harrison, Jun. Esq r . deputy pay 0111 965 master general in Virginia, the sum of 300,000 dollars, for the use of the army in that department:

Ordered , That the said accounts be paid.

Congress resumed the consideration of the report of the Board of War of the 13th instant: Whereupon,

Resolved , That the commissary general, or his deputies, make regular weekly returns of all rations issued or paid to the officers and privates of any regiment, troop, or company in the service of the states, to the adjutant general or his deputies, to be by him inserted in the general returns of the army, and transmitted to Congress monthly:

That, on any sick or disabled non-commissioned officer or soldier, being sent to any hospital or sick quarters, the captain or commandant of the troop or company to which he belongs, shall send to the surgeon, or director of the said hospital, or give to the non-commissioned officer or soldier, so in the hospital or quarters, a certificate, (countersigned by the pay master of the regiment, if he be with the regiment,) of what pay is due to such sick non-commissioned officer or private, at the time of his entering the hospital or quarters; and the captain or commandant of the troop or company, shall not receive the pay of the said soldier in hospital or quarters, or include him in any pay abstract during his continuance therein. And, in case any non-commissioned officer or soldier shall be discharged from the hospital or quarters, as unfit for farther service, a certificate shall be given him, by the surgeon or director, of what pay is then due to him; and the said non-commissioned officer or soldier, so discharged, shall be entitled to receive his pay at any pay office, or from any pay master in the service of the United States; the said pay master keeping such original certificate, to prevent impositions, 0112 966 and giving the non-commissioned officer or soldier his discharge, or a certified copy thereof, mentioning, at the same time, his having been paid:

That this resolution be transmitted to the commanders in chief of the several departments, to be by them given out in orders, and then delivered to the directors of the hospitals in each department, who are to cause the same to be fixed up in some conspicuous place or places, in every military hospital, for the information of all concerned:

That letters be immediately sent to the councils of safety, conventions, or legislatures of Pensylvania, and the states to the southward thereof, desiring them, forthwith, to lay up magazines of military stores, ammunition, and salt provisions, in the safest and most convenient places in the said states, respectively, for the use of such continental troops and militia, as it may be necessary to bring into the field in the ensuing winter, for the defence of these states:

That some proper person be appointed to act in the capacity of an armourer to assist the commissary of stores in inspecting, superintending repairs, and taking care of all continental arms in the public magazines at Philadelphia.

Congress deem it necessary, upon every principle of propriety, to remind the several states, how indispensable it is to the common safety, that they pursue the most immediate and vigorous measures to furnish their respective quotas of troops for the new army, as the time of service, for which the present army was inlisted, is so near expiring, that the country may be left in a condition in a great measure defenceless, unless quickly supplied by new levies.

Resolved , That Major Stewart, who brought the late 0113 967 intelligence from General Gates, and who is recommended as a deserving officer, have the rank of Lieutenant Colonel by brevet, and be presented with a sword of the value of one hundred dollars.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

Resolved , That 40,000 dollars be advanced to Mr. J. Mease, for the public service; he to be accountable.

The keeper of the public prison, having informed Congress, that he has discovered a plot among the prisoners to effect an escape, which one of them has effected; and that he has good reason to believe horses are purchased for them in Philadelphia, and kept ready for them, when they had broken out of prison; Whereupon,

Resolved , That the gaol keeper be directed to keep the prisoners in his custody close locked up till further orders:

That it be recommended to the council of safety ∥of Pensylvania,∥ to examine Mr. Jewell, the gaol keeper, respecting this matter, and to take every measure in their power to find out the accomplices in the plot, if any there are.

A letter, of the 18, from Brigadier General Lord Stirling, ∥was read.∥

The Board of War, to whom were referred the memorials from Captain Lockwood and Captain Oswald, brought in their report, which was taken into consideration: Whereupon,

Resolved , That such parts of the said memorials as relate to their pay, be referred to the Board of Treasury.

A letter, of the 2d, from Daniel of St. Thomas Jenifer, President of the council of safety of Maryland, was read, and referred to the Board of War. 1

A letter, of the 6, from General Lee to Dr. [Benjamin] Franklin, which was brought to the Board of War, ∥and by them opened,∥ being laid before Congress and read.: 2

Ordered , That the Board of War prepare a letter to General Lee, and report the same to Congress.

Congress proceeded to the election of the managers of the lottery, when the ballots being taken, the following gentlemen were chosen, viz.

Sharp Dulany, John Purviance, Owen Biddle, Francis Lewis, Jun. Jacob Barge, Jonathan B. Smith, and James Searle.

Resolved , That a member be added to the Secret Committee, in the room of Mr. [Josiah] Bartlett, who is absent.

The member chosen, Mr.[William] Whipple.

Resolved , That the post master general be directed to remove the post office from Bessonet, to some other house in Bristol, [Penna] Bessonet, from the office of deputy post master, and appoint some other trusty person, in Bristol, to that office:

That the committee, appointed to enquire into the circumstances of the loss of the packet from General Washington, be directed to apply to the council of safety of Pensylvania, to apprehend Bessonet, 3 , of Bristol, and his bar keeper, and keeping them apart, to bring them to Philadelphia, for examination; and that they have the assistance of the continental troops in Philadelphia, if necessary:

That the said committee write to the commanding 0115 969 officer of the continental troops in New Jersey, to make diligent search for one Wilkins, who was at the tavern in Bristol when the packet was lost, and to send him, if found, under guard to Philadelphia.

Resolved , That the Board of War be empowered to administer oaths to persons examined by them.

The Committee of Treasury reported, that there is due,

To Lieutenant Smith, for his expences with a party to escort money to Brunswick, and to Fort Montgomery, a balance of 19 19/90 dollars, the amount of his account being £20 14 1 [=55 19/90 dollars,] of which he received from Robert Erwin, £12 [=32 dollars,] and from R. Dallam, deputy pay master, £1 100 [=4 dollars,] ballance is £7 4 1, equal to 19 19/90 dollars.

Ordered , That the same be paid.

The Board of Treasury reported farther instructions for the commissioners appointed to settle the accounts of the army, under the command of General Washington, which were agreed to as follows:

That in adjusting the accounts of persons, whose particular circumstances may have rendered them unable to procure vouchers, or who, by unavoidable accidents, have lost the same, or any part of the public stores committed to their care, the commissioners endeavour to obtain the best information from the general officers, or other persons relative to such accounts, and use a discretionary power in administering oaths or affirmations previous to their settling the same:

That the commissioners send to the state of Virginia, and to the states northward and eastward thereof, for their accounts against the said army, if such accounts should not be forwarded, agreeable to a circular letter from the ∥Board of∥ Treasury to the said states:

That the commissioners use every precaution to prevent 0116 970 the loss of any public books or papers, that may be in their possession; and, for this purpose, that they apply to the quarter master general for a waggon and horses, to be under their direction:

That they consider the flying camp as part of General Washington's army, and adjust the accounts accordingly:

The Marine Committee to whom was referred the bringing in a plan for increasing the navy of the United States, brought in a report, which was taken in consideration; Whereupon,

Resolved , That there be immediately undertaken,

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

Resolved , That 250 dollars be advanced to Captain Gabriel Long, in the late Colonel Stevenson's batallion, for the purpose of recruiting his company; he to be accountable:

That Captain Long's accounts be referred to the Board of Treasury.

As the necessity of obtaining an army immediately, to oppose the designs of the enemy, is so evident and pressing as to render it proper to give all possible facility to that business;

Resolved , That each state be at liberty to direct their recruiting officers to inlist their men either for the war or three years, upon the respective bounties offered by Congress, without presenting inlisting rolls for both terms, according to a former resolution; keeping it always in view, that, in the opinion of Congress, the public service will be best promoted by inlistments for the war, if the recruiting business is not retarded thereby.

The Committee of Treasury reported, that there is due,

To Lieutenant Samuel Lockwood, for his pay as assistant engineer in the army in Canada, from the 5 November, 1775, to the 18 May, 1776, at 20 dollars per month, 128 60/90 dollars; from the 19 May, to 5 November, at 30 dollars per month, 167 dollars; the whole, 295 60/90 dollars:

To John Bates, for two fire hoods, shovel, tongs, &c. for the use of the treasury office, 16 36/90 dollars.

Ordered , That the said accounts be paid.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of 20th, from General Mercer, was read: 1

Ordered , That an extract thereof be sent to the assembly and council of safety of Pensylvania.

Congress being informed that a number of sick ∥soldiers∥ were sent to Philadelphia from the flying camp, and lodged in the barracks, and it being apprehended that their continuance in the barracks may endanger the health of the soldiers there,

Ordered , That the Medical Committee take charge of 0118 972 the said sick, and have them quartered in private houses, and properly taken care of, and that they immediately attend to this business:

That Dr. Ludwig be directed to attend the said sick.

The committee to whom was referred the petition and memorial of Mrs. Zedwitz, brought in a report, which was taken into consideration: Whereupon,

Resolved , That Lieutenant Colonel Zedwitz be removed to Philadelphia, and confined in the state prison; and that due care be taken to prevent him from any intercourse or correspondence with the enemies of these states:

That the sum of 58 49/90 dollars be paid to Mrs. Zedwitz, in full for services done for the Continent, as set forth in her petition:

That the further sum of 80 dollars be paid to the said Mrs. Zedwitz, in full of two months' pay due to her husband.

Resolved , That 100,000 dollars be advanced to the council of safety of Pensylvania; that state to be accountable. 1

Congress taking into consideration the present state of the army, of which some parts have already disbanded, and others will probably do so when the times they engaged to serve for, shall expire, which must soon happen; so that there is danger that the enemy must be opposed either by unequal numbers, or by militia, not only a more expensive but a less efficacious aid than regular forces; and there being good grounds to hope that vigorous efforts at this critical juncture, may bring the war to a speedy as well as happy conclusion: 2

Resolved , That blank commissions be sent to General Washington, and that he be empowered to insert therein the names of such officers as he shall think fit, not revoking those appointments which have been made by commissioners from any of the Unites States; and the General, commissioners, and officers are conjured to recruit, by all the means in their power, the regiments now or lately in the camp; and that a committee of three be appointed to repair to head quarters, and, consulting with the General, assist in the accomplishment of this necessary business.

The members chosen, Mr. Rumsey, [William] Paca, Mr. [John] Witherspoon, and Mr. [George] Ross. 1

Ordered , That the said committee make particular enquiry why the troops are not paid, and that they enquire into, and redress to the utmost in their power, the just grievances of the soldiers.

Resolved , That the sum of 166,666 ⅔ dollars be advanced to the state of Massachusetts bay, in part of their account against the Continent; the said state to be accountable.

Ordered , That a copy of the resolutions respecting the lottery be delivered to the managers, and that the said managers proceed immediately in carrying the lottery into execution.

Congress took into consideration the report of the committee on the application from the convention of New York, respecting the waste of hides in the army: Whereupon,

Resolved , That the commissaries in each department, be directed to employ proper persons to take immediate charge of the hides and tallow in their respective discharge of the hides and tallow in their respective districts; that the former may be tanned into leather, or, at 0120 974 least, so far cured as to prevent their being spoiled, and the latter rendered into kegs or casks, that there be no waste of those valuable articles, but that they may be stored for the use of the Continent, and be subject to the orders of Congress; and that the said commissaries be strongly urged to pay due attention to this resolve, it being a matter of considerable importance.

Resolved , That two months' pay be advanced to Dr. Ludwig, of the German batallion; he to be accountable.

A state of inconveniences to which the troops on the Eastern Shore of Virginia are particularly subject, was laid before Congress and read: 1

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

A letter, of the 16, from Joseph Trumbull, ∥commissary general,∥ was read, advising, that he has, on that day, drawn a set of bills of exchange of that date payable on the president, at four days' sight, in favour of Mr. Matthew Irwin, to be by him invested in for the sum of 20,000 dollars, to purchase pork and flour, and account for the expenditure desiring the said bills may be paid and charged to his, J. Trumbull's, account: 2

Ordered , That the president pay the said bills, and order the money to be charged accordingly. 3

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 19 and 21, from General Washington, ∥was read:∥ 1

Resolved , That 500,000 dollars be sent to the pay master general:

That 250,000 dollars be sent to Richard Dallam, Esq r

Resolved , That a committee of five be appointed, with full powers, to devise and execute measures for effectually reinforcing General Washington, and obstructing the progress of General Howe's army; and they are ordered to proceed immediately on this business.

The members chosen, Mr.[James] Wilson, Mr.[James] Smith, Mr.[Samuel] Chase, Mr.[George] Clymer, and Mr.[Richard] Stockton. 2

Resolved , That the Board of War be directed to order the battalion, on the Eastern Shore of Virginia, ∥and the two Pensylvania battalions,∥ commanded by Colonel Mackay and Colonel Cooke, to march, with all possible expedition; the former to Philadelphia, and the two latter by the directest rout to Brunswick, in New Jersey, or to join General Washington ∥wherever he may be;∥ and the said Board is empowered to use every means to expedite their march; and they are ordered to attend immediately to this business.

In order the better to oppose the progress of General Howe's army,

Resolved , That General Washington be directed forthwith to order, under his immediate command, such of the forces, now in the northern department, as have been raised in the states of Pensylvania and New Jersey, and that the commanding officer in the northern department, be directed to apply to the legislatures of the eastern states, to afford him such assistance as he may stand in need of.

That General Washington be directed to propose to General Howe, an exchange of William Franklin, Esq r . late governor of New Jersey, for Brigadier General Thompson.

The Committee of Treasury reported, that there is due,

To the committee of Northampton county, and to be paid to Jesse Jones, for sundry supplies of provisions, waggons, &c. to the militia on their march to New Jersey, and for supplies to prisoners and continental troops, the sum of 1,337 54½/90 dollars:

To John Ashbe, for a waggon, horses, and a negro man, his property, lost in the service of the states at New York, the sum of 786 60/90 dollars.

To John Cox, for eight rifle guns, supplied by Edward Snicker, for the use of Captain Gabriel Long's company, of Virginia rifflemen, 146 60/90 dollars:

To Lieutenants Bogart and Ball, two prisoners of the British navy, and to be paid to James Smith, Esq r . for their allowance, from 9 July, to 19 November, 1776, inclusive, 19 weeks, at 2 dollars a week, 76 dollars:

To Brigadier General Armstrong, for his pay and rations, from 1 March, to 23 November, instant, inclusive, his travelling expences to and from South Carolina, 1,781 63/90 dollars:

To Dr. David Jameson, for sundry medicines and 0124 978 attendance to sick soldiers of Captain Grier's company, and Captain Nelson's companies, in the continental service, the sum of 290 24/90 dollars:

To Colonel Jeremiah Dugan, for sundry supplies to the army in Canada, for which he has now produced a voucher, the want of which prevented the same being reported the 19 August last, the sum of 484 73/90 dollars:

To the Board of War, for Richard Dallam, Esq r . deputy pay master general, his draft, dated New Brunswick, the 21 instant, in favour of Colonel Clement Biddle, deputy quarter master general, the sum of ten thousand dollars:

That there should be paid to Richard Bache, Esq r . post master general, as an advance, for the use of the post office, 2,666 60/90 dollars:

Ordered , That the same be paid.

Resolved , That by any thing heretofore done, it is not intended to prejudice or strengthen the right or claim of the United States, or any of them, to any lands in America, nor to determine in what proportion or manner the expences of the war shall be raised or adjusted, except as to the first three millions of dollars emitted by Congress, and a farther emission of three millions of dollars, on December 26, 1775. 1

Resolved , That 20,000 dollars be advanced to the commissioners appointed by the convention of Maryland, to raise their quota of troops; they to be accountable.

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

Adjourned to 10 o'Clock on Monday.∥

A letter, of the 23, from General Washington, at Newark, was read: 1

Ordered , That it be referred to a committee of the whole ∥Congress∥; and that General Mifflin, who brought the letter, be desired to attend the said committee.

Congress then resolved itself into a committee of the whole; and, after some time, the president resumed the chair, and Mr. [Thomas] Nelson reported, that the committee have had a conference with Brigadier General Mifflin, and have considered the letter referred to them; and, thereupon, came to sundry resolutions, which he was ordered to report; but, that not having come to a conclusion, desired leave to sit again.

The resolutions come into by the committee ∥of the whole∥, being read, were agreed to as follows:

Resolved , That the council of safety of Pensylvania be requested immediately, to call forth, all the associators in the city of Philadelphia, and its liberties, and in the counties of Philadelphia, Chester, Bucks, and Northampton, to continue in the service of the United States, six weeks from the time they join the army, unless sooner discharged by Congress:

That the volunteers who shall enrol to serve the United States till the tenth day of March next, shall, nevertheless, be discharged as soon as the situation of public affairs will possibly admit of it; it being the intention of Congress to detain them no longer than the present emergency shall render it absolutely necessary:

Resolved , That 35,000 dollars be advanced to the council of safety of Pensylvania, for the public service; the said state to be accountable:

That 4,000 dollars be advanced to Colonel Hausegger, for the use of his batallion; he to be accountable:

That the Board of War be directed to order the German batallion to march immediately, and join General Washington:

That the said Board write to Governor Henry, of Virginia, and request him to order the light horse, in the service of that state, to march, with all possible expedition, to join General Washington:

That the said Board order Brigadier General Roche de Fermoy, to repair immediately to General Washington, instead of going to the northward.

Resolved , That General Mifflin be directed to stay in the city of Philadelphia until General Washington shall require his attendance at the camp, and that General Washington be informed of this by the President.

Resolved , That this Congress will, to Morrow, resolve itself into a committee of the whole, to take into consideration the state of the army.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter of the 8, from George Morgan, at Pittsburg, and one, of the 21, from the council of safety of Maryland, were read.

Resolved , That 1,000 dollars be advanced to R[obert] Erwin, waggon master general, for the public service; he to be accountable.

Congress being informed that some persons in this city ∥of Philadelphia∥, governed by principles inimical to the cause of America, and with views of avarice and extortion, 0127 981 have monopolized and engrossed shoes, stockings, and other necessaries for the army, whilst the soldiers of the Continent, fighting for the liberties of their country, are exposed to the injuries of the weather, at this inclement season:

Resolved , That it be recommended to be assembly of the state of Pensylvania, to adopt such immediate measures for remedying this evil, as their wisdom shall suggest to be adequate to the present purpose, and for preventing like pernicious practices in future.

The Board of War having brought in a report, the same was taken into consideration; Whereupon,

Resolved , That a regiment of artillery, to be armed with musquets and bayonets, instead of fusees, be raised in the state of Virginia, on continental establishment; the two companies, already raised there, to be part of the said regiment; which is to be composed of one colonel, one lieutenant colonel, one major, and ten companies, each to consist of one captain three lieutenants, one serjeant, four bombardiers, eight gunners, four corporals, and forty eight matrosses.

Resolved , That 1,150 dollars be paid to Gerard William Beekman or order, and charged to the account of Richard Dallam, deputy pay master general, the same being in full of a draught of said R. Dallam on R. Peters, Esq r . secretary of the Board of War, in favour of the said Gerard William Beekman, dated New Brunswick, November 15th, 1776.

Mr. [Francis] Lewis, [Jun.] having informed Congress that he cannot, consistent with his private engagements, undertake to be a manager of the lottery, and desiring he may be excused ∥from that service,∥

Resolved , That he be excused, and that another be appointed in his room:

The ballots being taken, David Jackson was elected.

Ordered , That the committee, who brought in the scheme of the lottery, confer with the managers thereof, in order that they may proceed on that business.

Congress resolved itself into a committee of the whole, to take into consideration the state of the army; and, after some time spent thereon, the president resumed the chair, and Mr. [Thomas] Nelson reported, that the committee have had under consideration the matter to them referred, and have come to sundry resolutions, which he was ordered to submit to Congress.

The report of the committee being read, was agreed to ∥as follows∥: Whereupon,

Resolved , That the Cannon Committee be directed to enquire what quantity of cannon are on board the prize ship that arrived yesterday in the port of Philadelphia; and, if they are fit for field artillery, to take measures to have them mounted on proper carriages, and sent to General Washington:

That the assembly of the state of Pensylvania be requested to give immediate direction, that the brass pieces, with the artillery companies, (or the field pieces singly, if there be no such companies) belonging to this state, be, with all possible expedition, sent to General Washington's army in New Jersey, and that they be assured, that, as soon as the situation of our affairs will admit of it, they shall be returned, or others in lieu of them:

That Mr. Mease, the continental commissary in the city of Philadelphia, be directed to go to the several shops and stores in the said city, and purchase, for the use of the army of the United States, such articles as are necessary for them, at this and the approaching season of the year; and that he be empowered to employ as many persons 0129 983 as he shall judge necessary to assist him in this service:

That the council of safety of Pensylvania be requested, with all possible expedition, to cause application to be made to the house keepers and others in the said state, for as many blankets and woollen stockings as each can spare, for the use of the soldiers under the immediate command of General Washington, in New Jersies; and that they be delivered, as fast as collected, to Mr. J. Mease, the continental commissary:

That it be recommended to the said council of safety, to appoint persons to appraise the blankets and woollen stockings, so collected, as aforesaid, that the value of them may be paid:

That the committee, who are sent to the camp, be directed to make particular enquiry into the abuses in the medical department in the army, and report thereon to Congress.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A memorial from Thomas Denef was read 1 and referred to the Board of War.

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

Resolved , That Congress appoint the officers of the artillery batallion, agreed to be raised in Virginia.

A petition and memorial from John Sergeant was read: 2

Ordered , That it be referred to the committee on the 0130 984 letter from Thomas Cushing, Esq r . and the that the report ∥that subject∥ by them made, be re-committed.

The committee to whom the letter from Thomas Cushing. Esquire, was referred, have examined the matter thereof, and come to the following resolutions thereupon; viz.

Resolved , that it is the opinion of this committee, that Mr. Sammuel Kirkland and Mr. Aaron Crosby, whom the commissioners at Boston, appointed by the society for propagating the gospel among the indians, had employed as missioners for that purpose, the former at Oneida, and the other at Onaquaughe, be continued in their offices one year from the expiration of that for which they are now engaged; and that each of them be allowed a salary of four hundred and sixteen dollars and two thirds of a dollar, equal to one hundered pounds sterling, to be reimbursed by the said commissioners when they shall receive money sufficient from the said society.

Resolved , that it is the opinion of this committee, that the United States ought not to contribute to the support of a missionary to the Mohekon indians, of whom some reside at Stockbridge in the state of Massachusetts bay, and others at several places in the state of New York. 1

Resolved , That the delegates from the four New England governments be directed to take the most effectual measures to have, at least, 10,000 pair of shoes, and 10,000 pair of stockings, purchased in those states, and sent forward to General Washington's head quarters, with all possible expedition, for the use of the soldiers under his command.

That a committee of three be appointed to procure a translation into the German language of the late treaty between the Courts of London and Hesse, for troops to be employed in America. That said committee be fully authorized to pursue means the most effectual in their judgment, for communicating to the Hessians the said treaties and for accomplishing the views of Congress in their resolves of the 14 and 27th of August last.

The members chosen Mr. [James] Wilson, Mr. R[ichard] H[enry] Lee and Mr. S[amuel] Adams. 1

Ordered , That the Secret Committee take proper and effectual measures to procure a quantity of hard money, not less than 20,000 dollars, to be lodged in the hands of the commander in chief, for the purpose of secret services.

The committee who were appointed, in conjunction with the council of safety of this state ∥Pennsylvania,∥ to examine Mr. Bessonet and his bar keeper, having reported, that, after the most diligent enquiry, they find nothing proved against Mr. Bessonet, and that the council of safety and said committee are of opinion he ought to be discharged; Whereupon,

Resolved , That the said committee inform the council of safety of this state, that Congress have no objection to their discharging Mr. Bessonet.

The committee appointed to repair to the northern army, having returned, made a report, which was read:

Resolved , That the same, together with the papers accompanying it, be referred to a committee of five, and that the said committee be directed to sit from day to day, and report as soon s possible to Congress:

The members chosen, Mr. S[amuel] Adams, Mr. [George] Clymer, Mr. [Philip] Livingston, Mr. [George] Wythe, and Mr. [Benjamin] Harrison.

Resolved , That the sun of 2,500 dollars be paid to Mr. Abraham Livingston, and charge to the account of Jonathan Trumbull, Jun. deputy pay master general, the same being in full of his draught in favour of said A. livingston, dated Albany, 14 November, 1776.

An appeal having been lodged against the sentence passed in the court of admiralty for the state of Virginia, 0132 986 on the libel, “Levin Joynes, qui tam vs . the sloop Vulcan :”

Resolved , That the hearing and determining the said appeal, be referred to Mr. [George] Wythe, Mr. [Robert Treat] Paine, Mr. [James] Wilson, Mr. [William] Hooper, and Mr. [Samuel] Chase.

Resolved , That three members be added to the committee appointed to revise the resolutions relative to captures:

The members chosen, Mr. [James] Wilson, Mr. [William] Hooper, and Mr. [Samuel] Chase.

Resolved That it be recommended to the legislatures of the United States, respectively, to pass such laws, as will, most effectually tend to prevent the counterfeiting or forging the tickets of the public lottery.

Ordered , That the Board of War, in conjunction with a member of the council of safety ∥of Pensylvania,∥ seize the person and papers of ∥Monsieur∥ Bonvoulour; and, having examined him and them, report to Congress.

Resolved , That the Board of War be directed to detain such of the companies of the German batallion as have not already marched.

A letter from Messrs. [George] Ross, [William] Paca, and [John] Witherspoon was read, informing, that they have appointed an assistant quarter master and commissary, to provide for a number of sick, and to take care of stores sent to Princeton.

Resolved , That the president inform them, Congress approve their appointments.

The Several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

Resolved , That 300 dollars be advanced to William Whitely, lieutenant colonel of Colonel Richardson's batallion of the flying camp, from Maryland, for the use of some sick of his regiment, in Philadelphia, for which he is to be accountable.

Resolved , That being a vacancy in a company of Colonel Stephenson's battalion, Congress proceeded to fill up the same, when William Bradford, second lieutenant in Captain Smith's company of colonel Stephenson's batallion, be promoted to the rank of first lieutenant in the room of the first lieutenant, resigned.

A plan of artillery yard being laid before Congress,

That an artillery yard, with proper Cover to exercise under in bad weather be immediately erected at

That a Master or Director of such Yard be appointed:

That proper persons be employed well skilled in the management of Artillery:

That they be impowered to enlist into the continental service as many able bodied men as shall be willing to inlist into the artillery service:

That the men be constantly exercised at the guns in the Artillery Yard as bombardiers and gunners:

That the most expert be from time to time draughted and sent to the army:

That no man be promoted to any office in the Artillery service until he has given proofs and specimens of his Abilities in the said Yard:

That Novices on their first inlistment to learn the Artillery service shall be allowed Soldiers pay:

That so soon as the Master shall report to the Board of War that any of the said Novices are qualified for the respective duties of Matrosses, Gunners of Bombardiers, they shall thereupon be advanced to the pay of such Characters respectively. 1

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

The members chosen, Mr. R[ichard] H[enry] Lee, Mr. [Robert Treat] Paine, Mr. Pendleton , and Mr. [Arthur] Middleton.

Resolved , That the sun of 533 ⅓ dollars be advanced to Colonel L. Cadwallader, for the use of the men belonging to his batallion in Philadelphia; he to be accountable:

That a like sum of 533 ⅓ dollars be advanced to Lieutenant Colonel Penrose, for the use of the men belonging to Colonel Magaw's batallion; he to be accountable.

The committee to whom was referred the report of the committee lately sent to the northern army, brough in a report, which was taken into consideration; Whereupon,

Resolved , That a letter be sent to Governor Trumbull, desiring him to order twenty cannon, carrying shot of eighteen pounds weight, to be cast at Salisbury iron works, and transported to Ticonderoga, with all possible expedition:

That skilful persons be sent to examine the Salisbury and Mr. Livingston's founderies; and, if it be found that a sufficient number of cannon may cast there, that proper artificers be forthwith employed in that work, an agreement being first made with Governor Trumbull and Mr. Livingston for that purpose:

That the commissary general be directed to procure provisions sufficient fro five thousand men, during eight months, to be sent to Albany, and from thence to Fort Anne, and the like quantity to remain in Albany, and be removed elsewhere, as occasion may require; and that the commissary general be directed to send to Albany, a sufficient quantity of salt to cure the said provisions:

Resolved , That is the opinion of this Committee that one thousand good blankets, and five hundered flock mattrasses and pillows be purchased 0135 989 or otherwise procured, and sent to Albany for the use of the hospital in the northern army. 1

That General Schuyler be informed of the cannon ordered from Salisbury to Ticonderoga, and directed to have carriages provided for them:

Resolved , That the committee have leave to sit again.

A letter, of the 19, from General Schuyler at Saratoga, was read. 2

Resolved , That the commissary general be empowered to import such quantities of rice from the southern states, as he shall think necessary for the use of the army.

The Medical Committee, to whom Dr. Shippen's letter was referred, brought in a report, which was taken into consideration; Whereupon,

Resolved , That Dr. Morgan take care of such sick and wounded of the army of the United States, as are on the east side of Hudson's river, and that Dr. Shippen take care of such of the said sick and wounded as are on the west side of Hudson's river; and that they both be directed to use the utmost diligence in superintending the surgeons and mates of the army, so that the sick and wounded may be effectually provided with everything necessary for their recovery.

Resolved , That 100,000 dollars be advanced to the delegates of South Carolina; the said state to be accountable.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of , from S. Purviance;

One without date from John Connolly, and a petition from J. Sullivan, were read:

Resolved , That the petition from J. Sullivan be referred to a committee of three, and that they be directed to enquire, minutely, into the facts relative to the capitulations entered into by Mayor Sherbourne and Major Butterfield, in Canada; that they be empowered to sent for persons and papers, and examine witnesses upon oath, and report to Congress:

The members chosen, Mr. [Samuel] Chase, Mr. [Benjamin] Harrison, and Mr. [George] Wythe.

Resolved , That Mr. Mease be directed to supply the sick soldiers, in the House of Employment in Philadelphia, with one shirt apiece.

A petition from Major John Lamb was read: 1 Whereupon,

Resolved , That the General be directed to include Major Lamb in the next exchange of prisoners.

The committee on the affairs of the northern army, brought in a farther report, which was taken into consideration: Whereupon,

Resolved , That the Medical Committee be directed to provide sufficient quantities of antiscorbutics for the use of the hospitals in the northern army:

That the hospital at Fort George be continued for the reception of soldiers labouring with contagious diseases, and that there be a general hospital erected on Mount Independence:

That a suitable spot of ground for a garden be enclosed 0137 991 in the neighborhood of the general hospital, to supply the army with vegetables; and that labourers be hired to cultivate it, under the direction of an overseer, to be appointed by the general or commanding officer:

That the general, or commanding officer, in each of the armies, cause strict enquiries to be made into the 1 conduct of the directors of the hospitals, and their surgeons, officers, and servants, and of the regimental surgeons, that if there has been any just grounds of complaint in those departments, the offenders army be punished:

That the colonel or commanding officer of every regiment, make frequent enquiry into the health of the men under his command, and report the state thereof, with any negligence, malpractice, or other misconduct of the surgeons or others, to the general, and to Congress, delivering copies of such reports to all persons therein accused:

That the general, or commander in chief of the northern army, direct all the batteaus on lakes Champlian and George to be immediately repaired:

That 100 batteaus be built at Schenectady, so as to be ready for use 2 in February or March next, at farthest; and, for this purpose, that boards, pitch, oakum, and other necessary materials, be collected, 3 and artificers employed, by the general or commanding officer: 4

Resolved , That the committee have leave to sit again.

The Committee of Treasury reported, that there is due,

To P. E. du Simitière, for designing, making, and drawing a medal for General Washington, 32 dollars:

To John Dunlap, for printing sundry resolves of Congress, commissions, proclamations, &c. 654 66/90 dollars:

To John Bates, for camp kettles delivered to Robert Towers, commissary, 80 dollars:

To Joseph Grenvold, for porterage of powder, to the magazine, 37 45/90 dollars:

To James Anderson, for ferriage of Virginia troops, waggons, and militia, over Susquehanna, 27 18/90 dollars:

To the estate of Captain Spring, for storage of continental powder, 111 38/90 dollars:

To the following prisoners from Canada, and to be paid to Mr. Ross, the sum of 229 77/90 dollars: viz.

To Captain Thomson, expences of himself and baggage from Albany to Trenton, 11 55/90 dollars, [and] his allowance from 26 April to 28 November, inclusive, 31 weeks, at 2 dollars a week, 62 dollars:

To Alexander M'Culloch, expences of himself and baggage from Albany to Trenton, 10 35/90 dollars, [and] his allowance from 26 April to 28 November, inclusive, 31 weeks, at 2 dollars, 62 dollars: [And,]

To William Goodwin, his expences of family and baggage, from Albany to Burlington, 14 27/90 dollars, [and] his allowance from 27 March to 27 November, inclusive, 35 weeks, at 2 dollars, 70 dollars:

That there is due to John House, for his account of ferriage of troops, waggons, and horses over the river Potowmack, 30 30/90 dollars:

Ordered , That the said accounts be paid.

Resolved , That the Secret Committee be directed to provide, as soon as may be, arms and equipage for 3,000 horse.

Resolved , That a committee of five be appointed to consider and report a proper method for establishing and training a cavalry in this continent:

The members chosen, Mr. R[ichard] H[enry] Lee, Mr. [Robert Treat] Paine, Mr. [Arthur] Middleton, Mr. [Thomas] Nelson, and Mr. [William] Floyd.

A petition from Alexander Mercer was read, and referred to the Board of Treasury.

The committee appointed to confer with the managers of the lottery, brought in a report, which was taken into consideration: Whereupon,

Resolved , That the prizes only be drawn:

That the managers be authorized to employ as many clerks to assist in numbering the tickets, as may be necessary for expediting the business:

That two presses be employed for printing the tickets:

Resolved , That the remainder of the report be re-committed.

Resolved , That to Morrow be assigned for appointing the officers of the regiment of artillery ordered to be raised in Virginia.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 27, from General Washington, with a list of prisoners taken by the enemy during the campaign of 1776. 1 Also, a letter of the 27, from the council of safety of New York, were read:

Ordered , That the same be referred to the Board of War, and that they be directed to confer with Colonel Miles, who is come from New York on his parole, to expedite the exchange of prisoners.

Resolved , That 1,000 dollars be advanced to Robert Erwin, waggon master general, for the public service; he to be accountable.

Resolved , That the council of safety of Pensylvania be requested to have eight carriages for field pieces got ready, with all possible expedition, at the expence of the continent, to be delivered as fast as made, to the order of the Board of War.

The commisssioners for Indian affairs, in the middle department, having transmitted to Congress the minutes of their proceedings,

Ordered , That the same be referred to the standing committee for Indian affairs.

The committee appointed to confer with the managers of the lottery, brought in a farther report, which was taken into consideration; Whereupon,

Resolved , That the gratuity to the managers of the lottery, for their trouble in the conduct of that business, be left to the future judgment of Congress:

That the mangers be authorized to appoint agents for the sale of tickets in the several states, and offer them 1/10 per cent. on the tickets or billets by each respectively sold:

That the public be at the risk of conveying the tickets or billets to the agents in the different states:

That the agents pay the money received by them for the sale of tickets or billets into the receipts of the commissioners of the loan office of the state where they are sold, taking receipts therefor, and transmit them to the managers of the lottery at Philadelphia.

Resolved , That the state of New York be empowered to raise another batallion on the continental establishment:

That the convention or council of safety of New York be empowered to appoint an aid major to each of the batallions raised by that state, the pay or expence of which to be borne by that state.

Agreeable to the order of the day, Congress proceeded to the election of officers for the artillery batallion, ordered to be raised in Virginia; and, the ballots being taken,

Charles Harrison, was elected colonel; Edward Carrington, lieutenant colonel; Christien Holmer, major; Samuel Denny, William Pierce, Nathaniel Burwell, Buller Clairborne, Joseph Scott, William Murray, Spotswood Dandridge, Matthew Smith, Sir John Pettus, and William Waters, captains.

Resolved , That it be recommended to the governor and council of Virginia to recommend proper persons for subaltern officers.

Resolved , That the Board of War be directed to purchase, for the public service, six waggons, with four horses each and proper harness, and to employ suitable drivers.

An address from Nicholas Biddle, John Barry, Thomas Read, Charles Alexander, and John Nicholson, was laid before Congress, and read:

Ordered , That it be referred to the Marine Committee, who are directed to pursue such measures as they think proper in consequence thereof.

The assembly of Pensylvania having, by Mr. [Robert] Morris, informed Congress, that they have appointed a committee of their body to confer with a committee of Congress, on the requisition of Congress, immediately to call forth associators of the city and liberties of Philadelphia, and of the counties of Philadelphia, Bucks, Chester, and Northampton:

Ordered , That the Board of War be a committee to confer ∥with the committee of the assembly of Pennsylvania∥ on this subject, and agree on such measures as shall be deemed most for the public service.

The Committee of Treasury reported, that there is due,

To Styner & Cist, for paper and printing minutes of Congress, &c. and his trouble and expences in attending the making the paper for the loan office notes, 130 15/90 dollars.

To Lieutenant Peacock, a prisoner of the 7th regiment, for his allowance from 20 December, 1775, to 28 November, 1776, being 48 weeks, at 2 dollars, 96 dollars:

To Dr. William Currie, for his bill of medicines and provisions to sick soldiers of Colonels Scott and Lawson's Virginia regiments, 67 37/90 dollars:

That there should be advanced to Major John Lamb, for the payment of the men of his artillery company, 2,000 dollars; he to be accountable:

∥ Ordered , That the said accounts be paid.∥

Resolved , That the Committee of Intelligence be directed and empowered to establish expresses, to go daily to and from head quarters.

Resolved , That when any resolutions are passed which respect the United States, or any of them, or to the armies of the said states, they be sent, by express, if the regular post is interrupted or not ready, provided the president shall judge it necessary.

A petition from John Noble Taylor, was read: 1

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

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock on Monday.

Congress, on a summons, met

Two letters, of the 30th, from General Washington, at Brunswick, were read; 1

Resolved , That the Board of War be directed to order the German batallion to march immediately to join General Washington, and that the said Board use every measure in their power to expedite their march with all possible despatch:

Resolved , That the council of safety of Pensylvania be requested to take effectual measures for supplying guards for the public stores, &c. in the room of the German batallion:

That the Secret Committee be directed to appoint one or more trusty persons, to proceed immediately to the eastern states, and see that the cloathing and stores, which have been ordered to be purchased for the army, be collected and forwarded to the army, with all possible despatch; and that the said person, or persons, have power to purchase, or cause to be purchased, such necessary cloathing as can be procured in those states, and to have them forwarded to the army:

That General Washington be informed, he has the full approbation of Congress to order the troops, on the east side of Hudson's river, over to the west side of that river, whenever he shall think it conducive for the public service so to do:

That General Washington be directed to order the cloaths, which have been, or shall be sent to head quarters, or to any of the camps, to be distributed, first among such of the soldiers as stand most in need of them:

That Mr. J. Mease be directed to purchase all the hats and caps he can procure, proper for soldiers, and to employ as great a number of tailors as possible in making up cloaths for soldiers; and forward those articles, from time to time, as fast as ready, to General Washington:

That the Medical Committee be directed to take such steps, as they shall judge proper, for the accommodation of the sick of the army.

Adjourned to 10 o'Clock to Morrow.

Resolved , That 800 dollars be advanced to Colonel L. Cadwallader, for the use of the men belonging to his batallion; he to be accountable:

That 800 dollars be advanced to Captain Doyle, for the use of his independent company; he to be accountable:

That 500 dollars be advanced to Robert Jewell, for which he is to be accountable:

That 5,333 ⅓ dollars be advanced to the commissioners for Indian affairs in the middle department.

A letter, of the 1 December, from General Washington, was read, 1 and referred to the Board of War, who are directed to communicate the contents to the council of safety of Pensylvania, and to take such measures, in consequence thereof, as they shall judge proper.

Captain Montgomery having offered his service, with that of his crew, as an artillery company, to the Continent,

Resolved , That they be taken into the service of the Continent for 2 months, unless sooner discharged.

That James Montgomery be appointed captain; Samuel Carson captain lieutenant, John Douglass, lieutenant, of said company:

That Mr. J. Mease be directed to advance one month's pay to Captain Montgomery's men, upon their inlistment, and that a like advance be made to the other companies of artillery:

Resolved , That the Marine Committee be empowered to advance 20 dollars to each seaman who will enter to serve on board the Randolph , Captain Biddle, the same to be deducted out of their share of the prize money.

Resolved , That the Board of War be directed to give orders for ten or twelve covered wagons for the artillery; to be immediately purchased.

That the Board of War be directed to give order and to take measures for removing by water to Christiana ∥bridge∥, the 2,000 barrels of beef, now under the care of Commissary Wharton.

Resolved , That the council of safety of Pensylvania be requested to send off expresses immediately to those counties who have been desired to send forth their associators, urging them forthwith to march them out, to oppose the hasty advances of the enemy.

Resolved , That it be recommended to the governor and council of the commonwealth of Virginia, to take the most effectual measures for purchasing and collecting, for continental use, all the copper and other materials fit for casting brass field artillery, that can be got in that state, and that Congress will defray the cost and expence of the same.

Resolved , That 100 dollars be advanced to the delegates of Virginia, for the use of the deputy pay master general in Virginia.

A letter, of the 1, from General Washington, half after 7 P. M. was read. 1

Mr. [George] Read, a delegate from Delaware attended, and produced the credentials of the appointment and power of the delegates of that state, which were read as follows:

DELAWARE

In Council , November 8 th , 1776

Whereas George Read, John Dickinson, and John Evans, Esquires, have been chosen by joint ballot of both Houses of Assembly to represent the Delaware State in the Continental Congress:

Resolved , That they, or any one or more of them, are hereby fully authorized and empowered, for and in behalf of this State, to concert, agree to, and execute every measure, which they or he, together with a Majority of the Continental Congress, shall judge necessary, for the defence, Security, Interest, and Welfare of this State in particular, and of America in general; with power to adjourn to such times and places as shall appear most conducive to the publick Safety and advantage.

Sent for concurrence.

In Assembly, November 9 th , 1776. Read and concurred in:

John M'kinley , Speaker .

A true Copy: Slator Clay, Clerk of the Council . 2

Resolved , That the Committee for establishing expresses be directed to send Colonel Stewart, or any other officer express to General Lee, to know where and in what situation he and the army with him are.

Resolved , That it be recommended to the council of safety of Pensylvania to send immediately one of their gallies along the Jersey shore, between this and Trenton, to bring over all the river craft, vessels, and boats from the Jerseys to the Pensylvania side of Delaware, in order to prevent their becoming serviceable to the enemy, in their attempts to cross said river:

That it be earnestly recommended to the council of safety of Pensylvania, to order the batallions of this city immediately to march and join General Washington:

That the said council of safety be requested to furnish the waggon master general with one thousand waggons for the use of the army; and, as in the present emergency of public affairs, such supply of waggons is absolutely necessary, that it be recommended to the said council of safety to impress the waggons, if they cannot be otherwise speedily procured.

Adjourned to 6 o'Clock.

∥ Eodem Die ,∥ 6 o'Clock P. M .

Resolved , That Mr. James Mease be directed to receive from Mr. Hyman Levy the goods in his hands purchased for the state of New York, paying him the ballance due for the said goods, and that Mr. Mease be directed to send the said goods, together with those he has now ready, to General Washington, taking especial care that they be sent in so safe and secure a manner as to avoid any danger of falling into the hands of the enemy.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 2d, from General Washington; one, of the 2d, from Adjutant General Reed, and one from Mr. J. Mease, were read: 1

Resolved , That 50,000 dollars be advanced to J. Mease, for the public service; he to be accountable:

That 2,000 dollars be advanced to Lieutenant Colonel Edward Antil, for the purpose of recruiting his regiment; he to be accountable:

That 14,800 dollars be advanced to Major Charles Symmes, for the use of the 12th Virginia batallion; he to be accountable.

Mr. [Abraham] Clark, a delegate from the state of New Jersey, attended, and produced the credentials of his appointment, which were read as follows:

NEW JERSEY

At a Joint Meeting of the Council and Assembly of the State of New Jersey, held at Burlington, on the 30th Day of November, 1776.

The Honourable Nathaniel Scudder in the Chair.

The joint Meeting proceeded by Ballot to the Election of five Delegates to represent this State in Congress, to serve for one Year, unless a new Appointment shall be made before the Expiration of that Time; and the following Persons were duly elected, viz.: The Honourable Richard Stockton, Jonathan Dickinson Sergeant, Esq r ., Dr. John Witherspoon, Abraham Clark, Esq r . Jonathan Elmer, Esq r .

Resolved , That any one or more of the said Delegates, who shall attend in Congress, be fully empowered to represent, and vote in Behalf of this State.

Resolved , That the said Delegates, or such of them as have not already taken the Oaths of Abjuration and Allegiance mentioned in the Act of Assembly lately passed, intituled “An Act for the Security of the Government of New Jersey,” do take the said Oaths before they take their Seats in Congress.

Signed by Order of the Council and Assembly of the State of New Jersey:

Charles Pettit , Secretary . 1

Resolved , That the Board of War be directed to have the prisoners, now at Bristol, removed from thence back into the country.

Resolved , That Mrs. Chamier be permitted to go to her husband at New York, to be exchanged for Mrs. Lewis, at Flushing, on Long Island.

Resolved , That Mr. Mease be empowered and directed to settle with and pay the militia of the Maryland flying camp.

That the commissary of provisions in Philadelphia supply with rations, in lieu of mileage, such of the Maryland troops as chuse to go home:

That such of the non-commissioned officers and soldiers of the said troops as will inlist for three years, be immediately cloathed; and that Mr. Mease be directed to detain as many of the cloaths, in his hands, as will be necessary for this purpose:

That each of the non-commissioned officers and soldiers of the Maryland militia, who will not inlist for three years, but will engage to march to the immediate reinforcement of General Washington, and remain under his command one month, be supplied by Mr. Mease with a shirt, a pair of shoes, and a pair of stockings, on paying for the same:

That such of the militia as shall engage to serve to the 10th of March next, unless sooner discharged by Congress, be entitled to a pair of shoes and stockings, and to the same rations and the same monthly pay with the other troops on the continental establishment, to commence from the time of their enrolment; and that one months' pay be advanced to each volunteer, upon his enrolment.

Resolved , That to Morrow be assigned for giving the Indians in town an audience; and that the committee for Indian affairs be directed to prepare a proper speech to be delivered to them.

That the officers of the Maryland troops be requested immediately to parade those troops, and to use their utmost 0150 1004 influence to persuade their adoption of the terms proposed by Congress.

Resolved , That General Washington be directed, in case he has not entered into a negotiation with General Howe, for exchanging Governor Franklin for General Thompson, to suspend the execution of that matter till farther orders. 1

A petition from William Dod was read, praying for leave to visit his brother, who is confined in prison:

Resolved , That the petitioner have leave to visit and converse with his brother in the presence of the gaoler.

Resolved , That Thursday next be assigned for taking into consideration the state of the Treasury.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 3d, from General Washington, was read. 2

Resolved , That it be recommended to the council of safety of Pensylvania, to detain ∥from marching with the militia,∥ the printers engaged in printing certificates for the continental loan offices, and to direct them to continue executing the business in which they are employed.

Resolved, That there be paid to Thomas Parsons, of Colonel Irwins regiment, Captain Rippey's company, for his pay from the 8th May, 1776, to the 8th November, 40 dollars.

To John King and John Blackburn of the 2d Pensylvania battalion, Captain Bayard's company, their

The Committee of Treasury reported, that they have had under consideration the accounts of John Harvie, John Montgomery, and Jasper Yates, Esqrs. commissioners for Indian affairs for the middle department; that the said commissioners have produced accounts of the expenditure of five thousand forty nine pounds and seven pence half penny, [=13,464.7 dollars,] for the charges and expences of the late treaty, held with the Indians, at Pittsburg, for their allowance for their time and expences attending the said treaty. That in this account, are included the expence of goods purchased by Mr. Morgan for private presents; expences and pay to Mr. Wilson, Mr. Long, and Mr. Girty on different messages; for kettles, rations, and linen, supplied the continental batallion at Kittanning; expences of Mr. Morgan coming to Philadelphia, and going to New York with two Indian chiefs, and returning with them to Pittsburg; his going to the Indian towns to invite them to a treaty; sundry sums paid to the militia officers, and the several accounts due from the department to this time, except the militia accounts yet unsettled, and the salaries due to Mr. Morgan and the former agent, also £300 0 2 [=800.2 dollars] due to sundry persons before their appointment, whose accounts were settled by a committee of Congress for Indian affairs. The balance due to George Morgan, Esq r . is £77 18 8 [=207.74 dollars,] first deducting 150 pounds [=400 dollars] paid him by Congress, 21 September last, for which he is debited:

They credit the sums of 1,125 pounds [=3,000 dollars,] received of Congress, in August, and 2,000 pounds [=5,333.30 dollars] the second instant; also two pounds [=5.30 dollars] for the freight of a still to Redstone; 0152 1006 two sums, amounting to £25 6 3 [=67.45 dollars,] which are twice charged in the accounts:

That the ballance due to the commissioners is £1,896 14 4½, being 5,057 dollars and 82½/90 of a dollar:

Ordered , That the said accounts be paid.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 4, from General Washington, enclosing a copy of a letter from Major Clark, of the 29 November, was read. 1

∥ Resolved ,∥ That Mr. J. Mease be directed to pay to each captain of the Maryland troops of the flying camp, who cannot produce pay rolls, such a sum as they think will be equal to the arrears due to their respective companies; taking a receipt from the respective captains for the monies advanced.

Resolved , That two months' pay be advanced to M. Romand de Lisle, and to M. Kosciuszko.

The Indians being introduced, delivered a speech; and Saturday next was appointed to return them an answer.

Resolved , That it be and is earnestly recommended to the council of safety of Pensylvania, to procure the Pensylvania hospital, for the purpose of accommodating the sick belonging to the continental army.

Resolved , That the Medical Committee be empowered to procure suitable persons to take care of the sick, and to remove them to such convenient places in the country, as they shall think proper.

Some prisoners being sent under guard from New 0153 1007 Jersey ∥to Philadelphia,∥ who are charged with inlisting men for General Howe, or inlisted in that service,

Resolved , That they be sent under guard to Frederic, in Maryland, there to be safely confined; and that, until they can be sent away, they be confined in the state prison in Philadelphia.

Resolved , That Captain Ottendorf be directed to raise an independent company, to be composed of 150 privates, serjeants and corporals included:

That it be divided as follows:

The first company of 60 men, light infantry, one captain and two lieutenants; two companies of hunters, 45 privates each, to be commanded each by a captain and two lieutenants:

That Captain Ottendorf have the rank of major, that he be captain of the light infantry company, and command the whole.

That an adjutant be appointed for this corps, who is to act as quarter master and pay master, with the rank of lieutenant, and pay of other adjutants.

Resolved , That the Board of War be empowered to send for Isaac Corren, of the artillery. 1

Resolved , That 150 dollars be advanced to Gunning Bedford, muster master general; he to be accountable.

Resolved , That the time for commencing the drawing of the lottery be altered to the 10 April.

Resolved , That this Congress will, to Morrow morning, previous to any other business, resolve itself into a committee of the whole, to take into consideration the state of the treasury, the ways and means of raising supplies for the ensuing year, and supporting the credit of the continental currency.

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

Adjourned to 10 o'Clock to Morrow.

A letter, of the 5, from General Washington, and one, of the 27 of November, from General Gates, at Albany, with a paper enclosed, sent from the commanding officer at St. John's, were read. 1

∥Agreeable to the order of the day,∥ Congress then resolved itself into a committee of the whole, to take into consideration the state of the treasury, the ways and means of raising supplies for the ensuing year, and, supporting the credit of the continental currency; and after some time, the president resumed the chair, and Mr. [Thomas] Nelson reported, that the committee have had under consideration the matters to them referred, and have come to sundry resolutions; but not having perfected the business, desire leave to sit again.

Resolved , That this Congress will, to Morrow, again resolve itself into a committee of the whole, to take into consideration the state of the treasury, &c. ∥the ways and means of raising supplies for the ensuing year, and supporting the credit of the continental currency.∥

Resolved , That 50,000 dollars be advanced to J. Mease for the public service; he to be accountable.

Upon representation made by Daniel and Samuel Hughes, that Melchior Salady, a private soldier in Captain Farmer's company and Colonel Miles's batallion, would be very serviceable to them in executing their contract for making cannon for Congress:

Resolved , That Melchior Salady be discharged, by the proper officer, from the company, provided he enter into the service of the said Hughes.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 6th, from General Washington, at Trenton, and, of the 21 to 25 November, from General Schuyler, at Saratoga, with sundry papers enclosed, ∥were read:∥ and referred to the Board of War. 1

Resolved , That the Board of War be empowered and directed to exchange such of the Canadians as they think proper.

Resolved , That the president write to the four New England governments, and request them to use their utmost influence in raising their respective quotas of troops, and to hasten their march, with all possible diligence, to the places appointed for their rendezvous, by General Schuyler.

Resolved , That 100,000 dollars be advanced to the council of safety of Pensylvania, to be applied towards furnishing the several officers with bounty money for inlisting men on the new establishment; the said council to be accountable. 2

That Captain Biddle be empowered to inlist into the continental service, such of the sailors in prison as he shall think proper.

The Committee of Treasury reported, that there is due, and to be paid to the order of Allen M'Donald, Sen. Allen M'Donald, Jun. Alexander M'Donald, Rennel M'Donald, and Archibald M'Donald, hostages sent by General Schuyler to Reading, for the allowance due to themselves and their three servants, from 25 September to the 10 December, inclusive, 143 dollars:

That there should be advanced to Thomas Smith, for supplies to the troops of the 5th and 6th Virginia regiments, left sick at Wilmington, the sum of 677 25/90 dollars:

That there is due to Lieutenant Colonel Jacob Boyer, for furnishing his batallion of militia with 7,495 rations of provisions, on their march from Berks county to the camp in New Jersey, 739 45/90 dollars:

To Thomas Edwards, for victualling the 2d batallion of militia, of Lancaster county, commanded by Colonel Curtis Grubb, on their march to Bergen, in New Jersey, and for the hire of two baggage waggons, the sum of 1,319 61/90 dollars, to be paid to Philip Marsteller:

Ordered , That the said accounts be paid.

Resolved , That 1,000 dollars be advanced to the committee for procuring cannon for the public service; the said committee to account for the expenditure.

Resolved , That for the more speedy and effectual discharge of business, the following rules be invariably observed:

That Congress be opened every morning at 10 o'Clock, Sundays excepted:

That Mr. President take the chair precisely at that time.

Agreeable to the order of the day, the Indians were introduced, and the following speech was delivered to them:

Brothers of the Six Nations, Delawares and Shawanese ,

We, the delegates of the thirteen United States of America, are extremely pleased to see you. We take you by the hand, and bid you welcome to our great council fire.

Brothers ,

You say that God Almighty has been pleased to bring us together. You say well. He superintends and governs men and their actions. He now sees us. He judges of the sincerity of our hearts, and will punish those who deceive.

Brothers, Sachems and Warriors ,

You have heard what our commissioners have said to you at Pittsburg, by our directions. You have listened to their arguments; and your own reason will suggest, that the conduct they have recommended to you, must be productive of your happiness and welfare. We think that you must be fully convinced that your safety, as nations, depends on preserving peace and friendship with the white people of this island.

We are sorry to hear of the death of your great men, and are well pleased that our commissioners have wiped the tears from your eyes, and covered the graves of our departed friends.

Our hearts are good towards all the Indians in the woods, who have friendly dispositions towards us.

We love peace, and wish that the chain of friendship between us and you may contract no rust. On our part, we will do every thing to keep it bright and strong.

But should we be attacked by any tribe of Indians in the woods, we hope to convince them that we can repel their attempts with ease. Friendship, however, with you, is what we earnestly desire. Our commissioners have told you so, and they have not deceived you.

We now inform you, that we wish to sit down with you under the same tree of peace; to water its roots and cherish its growth, so that it may shelter us and you, and our and your children.

Brothers ,

We have prepared some presents for you, which our commissioners will deliver before your departure.

The Indians, having returned thanks for the speech delivered, informed Congress that they had something to say on Monday next, ∥and withdrew.∥

Resolved , That the council of safety of Pensylvania be desired to suspend the farther execution of the request made to them on the 2d, to procure one thousand waggons:

That the waggons procured, in consequence of the said request, be sent to the quarter master general.

Resolved , That Mr. Mease be directed to return to Mr. Levy, the goods he had from him, receiving back the money advanced on that account: the said goods being sent for by the state of New York, for whose account, ∥and by whose order,∥ they were purchased.

The Committee of Treasury reported, that there is due,

To Brigadier General Thompson, for his pay for the months of October and November, 250 dollars:

To Lieutenant Ross Currie, of the second batallion of Pensylvania regular forces, for the ballance of his pay from March to November, inclusive, [£33 15 equal to] 90 dollars:

To Samuel M'Kenzie, surgeon to the 2d batallion of Pensylvania regular forces, for 4 months' pay, at 33 dollars per month, 132 dollars. 1

Ordered , That the said accounts be paid.

The several matters to this day referred, being postponed, 2

Adjourned to 10 o'Clock on Monday.

A letter, of the 8, from General Washington; one, of the 22d November, from General Ward, enclosing one of the 9th of the same month, from General Gates; one of the 18 ∥of the same month,∥ from G. Morgan, at Pittsburg; 0159 1013 and a petition and remonstrance from the captains and subalterns of Colonel Mackay's batallion; and a letter, of the 17th November, from Lieutenant Colonel Wilson, of the said batallion; and a letter from John Avery, of Boston, 22d November, were read: 1

Also, a letter of the 25 November, from Colonel Moses Hazen, was read, and referred to the committee on the northern army. 2

Resolved , That another member be added to the said committee:

The member chosen, Mr. R[ichard] H[enry] Lee.

The Indians, being introduced, spoke to Congress, but having said nothing relative to matters between them and the United States, no notice was taken of it, and they withdrew.

Resolved , That the sum of £43 18 5 [=117.11 dollars] be paid to Colonel Haussegger, in full of his account for boards, &c. bought for the public service, and for his expences.

Resolved , That 1,000 dollars be advanced to Major Ottendorff, for the purpose of recruiting his companies; he to be accountable.

Resolved , That Houelmann Arnold be appointed a lieutenant of the company commanded by Major Ottendorf:

That 2,000 dollars be advanced to the delegates of New Jersey, for the public service; they to be accountable: 3

That 50,000 dollars be advanced to Mr. J. Mease, for the public service; he to be accountable.

That Mr. Risberg, the assistant quarter master in Philadelphia, be directed to send by water to Christiana 0160 1014 bridge, the military stores sent from the army, there to be secured till farther orders.

That 5,000 dollars be advanced to Carpenter Wharton for the public service; he to be accountable.

Resolved , That the council of safety of Pensylvania be requested to give the continental officers, and all others, employed in removing the public stores from this city, whether by land or water, all the assistance in their power.

Resolved , That a committee of three be appointed to prepare an address to the inhabitants of America, and a recommendation to the several states, to appoint a day of fasting, humiliation, and prayer:

The members, Mr. [John] Witherspoon, Mr. R[ichard] H[enry] Lee, and Mr. [Samuel] Adams.

Resolved , That Mr. J. Mease be empowered and directed to settle with and pay the arrears due to Colonel Hay's batallion of the flying camp.

Resolved , That Thomas De Naif be appointed a lieutenant of artillery under M. Romand de Lisle.

Resolved , That a committee of three be appointed to enquire into the state of the prisoners sent from New Jersey.

The members chosen, Dr. [John] Witherspoon, Mr. [Abraham] Clark, and Mr. F[rancis] L[ightfoot] Lee.

Whereas, in consequence of many complaints that engrossers had distressed the public, by raising salt to an exorbitant price, the council of safety of Pensylvania, with the approbation of Congress, took the management of the affair into their hands, and have endeavoured, by as just and equal a distribution as possible of the salt imported from time to time, to supply the different parts of the country; yet, it is found upon trial, either from the artful conduct of interested persons not discovered, 0161 1015 or from the impossibility of the thing itself, that the remedy has been ineffectual; and, on the contrary, salt continues scarcer and dearer in this port, than where no regulation has been tried: Therefore,

Resolved , That it be recommended to the council of safety of Pensylvania, to take off all restraint upon the sale of salt; and give public notice, that it shall be lawful for any person to import and sell it, in such manner, and at such price, as he shall find voluntary purchasers.

Resolved , That 200 dollars be advanced to Mr. William Govett, assistant to the auditor general; he to be accountable.

Resolved , That in case this Congress shall be under the necessity of removing from Philadelphia, it shall be adjourned to Baltimore.

Whereas, General Washington hath repeatedly applied, and yesterday has renewed, his application, for an immediate reinforcement for the defence of this city and State;

Resolved , That the council of safety be requested, this day, to send expresses, that may be relied on, to the several counties in Pensylvania, earnestly requesting that they march what troops they can collect, armed and provided in the best manner possible, to the army under the command of General Washington.

Resolved , That Mr. J. Mease be directed to furnish Captain Henderson's company, of the 11th Pensylvania batallion, with blankets and stockings.

Resolved , That expresses be immediately sent to the committees of the counties of Cecil, Baltimore, Harford, and Frederic, in Maryland, requesting that they apply, without delay, to the militia of their respective counties, to send forward, as fast as possible, for the defence of this city, and the reinforcement of General Washington's army, as many troops as possible, informing the said 0162 1016 committees that some assistance, in the way of arms, may be furnished here, to provide such as have no arms to bring with them:

That an express be sent to the council of safety of Delaware, requesting them to send forward, as fast as possible, for the defence of this city, and the reinforcement of General Washington, as many troops as possible, informing the said council that some assistance in the way of arms may be furnished here, to provide such as have no arms to bring with them.

Resolved , That the Board of War be directed to take care of the arms belonging to the Continent, and have them properly secured.

Resolved , That William Chambers be appointed captain, Alexander Wilson, first lieutenant, Adam Hoops, second lieutenant, in the 3d batallion of the regiment commanded by Colonel Mosses Hazen.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 8, from General Lee, at Morristown. One, of the 9, from General Washington, with a letter, of the 6, from General Heath, were read. 1

Resolved , That the prisoners sent from the state of New Jersey by General Washington, and ordered to Frederick town, Maryland, be conveyed there by Captain Mountjoy Baily, with a guard of 18 soldiers:

That the privates [of said guard] be furnished with arms, cartridges, knapsacks, and blankets; and

That 1,000 dollars be advanced to the committee of the middle district of Frederic county, to defray the charges of conveying the prisoners there, and the expence of furnishing rations to the prisoners and the guard; the said committee to be accountable.

Resolved , That General Mifflin be directed to repair immediately to the neighbouring counties, and, by all the means in his power, rouse and bring them in, to the defence of Philadelphia.

As the Congress deem it of great importance to the general good and safety, that General Mifflin should make a progress through the several countries in this state ∥of Pensylvania,∥ to rouse the freemen thereof, to the immediate defence of this city and country,

Resolved , That the assembly be requested to appoint a committee of their body to make the said tour with General Mifflin, in order to assist him in this good and necessary work.

Resolved , That the president return to Congress the 25,000 of dollars received for the use of the Marine Committee.

Resolved , That Major General Putnam be directed to have the several recruits, and other continental troops in this city, immediately paraded, and that he proceed, without delay, to make the proper defences for the protection and security of this city:

That the council of safety of Pensylvania be requested to give Major General Putnam all the assistance in their power, for the execution of the above necessary business, by calling forth the inhabitants, and by any other means in their judgment proper.

Resolved , That 2,000 dollars be advanced to the delegates of Georgia, for the use of that state, which is to be accountable.

Resolved , That 135 ⅓ dollars be paid to Robert Patton, for his services as messenger, from the 15 May to the 4th December, instant.

The committee appointed to prepare an address to the inhabitants of America, brought in a draught, which was read; and, being debated by paragraphs, was agreed to.

Ordered , That the said committee have it published and dispersed.

The Representatives of the United States of America in Congress assembled, to the People in general, and particularly to the Inhabitants of Pennsylvania and the adjacent States .

Friends and Brethren :

We think it our duty to address a few words of exhortation to you in this important crisis. You are not unacquainted with the history of the rise and progress of this war. A plan was carried on by the British Ministry for several years in a systematick manner to enslave you to that kingdom. After various attempts in an artful and insidious manner to bring into practice the laying you under tribute, they at last openly and decisively asserted their rights of making laws to bind you in all cases whatsoever.

Opposition was made to these encroachments by earnest and humble petitions from every Legislature on the Continent, and more than once by the Congress representing the whole. These were treated with the utmost contempt. Acts of the most unjust and oppressive nature were passed and carried into execution, such as exempting the soldiers charged with murder in America from a legal trial, and ordering them to be carried to Britain for certain absolution, as also directing prisoners taken at sea to be entered on board their ships, and obliged either to kill their own friends or fall themselves by their hands. We only mention these from among the many oppressive acts of Parliament, as proofs to what horrid injustice the love of dominion will sometimes carry societies as well as men. At the same time to show how insensible they will be to the sufferings of others, you may see, by the preambles to the acts and addresses to the King, that they constantly extol their own lenity in those very proceedings which fill this whole Continent with resentment and horrour.

To crown the whole, they have waged war with us in the most cruel and unrelenting manner, employing not only the force of the British 0165 1019 nation, but hiring foreign mercenaries, who, without feeling, indulge themselves in rapine and bloodshed. The spirit indeed of the Army in general is but too well determined, by their inhuman treatment of those who have unhappily fallen into their hands.

It is well known to you, that at the universal desire of the people, and with the hearty approbation of every Province, the Congress declared the United States free and independent, a measure not only just, but which had become absolutely necessary. It would have been impossible to have resisted the formidable force destined against us last spring, while we confessed ourselves the subjects of that State against which we had taken arms. Besides, after repeated trials, no terms could be obtained, but pardon upon absolute submission, which every publick body in America had rejected with disdain.

Resistance has now been made with a spirit and resolution becoming a free people, and with a degree of success hitherto which could scarce have been expected. The enemy have been expelled from the Northern Provinces where they at first had possession, and have been repulsed in their attempt upon the Southern by the undaunted valour of the inhabitants. Our success at sea, in the capture of the enemy's ships, has been astonishing. They have been compelled to retreat before the Northern Army. Notwithstanding the difficulty and uncertainty at first of our being supplied with ammunition and military stores, those we have now in abundance, and by some late arrivals and captures there is an immediate prospect of sufficient clothing for the Army.

What we have particularly in view in this address is not only to promote unanimity and vigour through the whole States, but to excite the inhabitants of Pennsylvania, New Jersey, and the adjacent States, to an immediate and spirited exertion in opposition to the Army that now threatens to take possession of this city. You know that during the whole campaign they have been checked in their progress, and have not till within these two weeks ventured above ten miles from their shipping. Their present advances are owing not to any capital defeat, or a want of valour in the Army that opposed them, but to a sudden diminution of its numbers from the expiration of those short inlistments which, to ease the people, were at first adopted. Many have already joined the Army to supply the deficiency, and we call, in the most earnest manner, on all the friends of liberty to exert themselves without delay in this pressing emergency. In every other part your arms have been successful, and in other respects our sacred cause is in the most promising situation. We think it proper to inform and 0166 1020 assure you that essential services have been already rendered us by foreign States, and we have received the most positive assurances of further aid. Let us not, then, be wanting to ourselves. Even a short resistance will probably be effectual, as General Lee is advancing with a strong reinforcement, and his troops in high spirits. What a pity is it, then, that the rich and populous city of Philadelphia should fall into the enemy's hands, or that we should not lay hold of the opportunity of destroying their principal Army, now removed from the ships of war, in which their greatest strength lies.

It is certainly needless to multiply arguments in such a situation. All that is valuable to us as men and freemen is at stake. It does not admit of a question what would be the effect of our finally failing. Even the boasted Commissioners for giving peace to America have not offered, and do not now offer, any terms but pardon on absolute submission. And though (blessed be God) even the loss of Philadelphia would not be the loss of the cause, yet while it can be saved, let us not, in the close of the campaign, afford them such ground of triumph; but give a check to their progress, and convince our friends in the distant parts that one spirit animates the whole.

Confiding in your fidelity and zeal in a contest the most illustrious and important, and firmly trusting in the good providence of God, we wish you happiness and success.

Given at Philadelphia, December 10, 1776.

By order of the Congress:

John Hancock , President . 1

The Committee of Treasury reported, that there should be advanced to Mrs. Stevenson the sum of 200 dollars on account of her husband, James Stevenson, one of the commissioners of accounts; he to be accountable: 2

Ordered , That the same be paid.

Resolved , That the president write to General Washington, and desire him to send a party to watch the roads leading from New Jersey to Philadelphia, above Trenton, and give Congress the earliest notice of the enemy's motions.

The Committee of Treasury reported, that there is due to John Montgomery and J[asper] Yeates, commissioners of Indian affairs for the middle department, for their account of debts due to sundry persons on the visit of the Indian chiefs from Pittsburg to Congress, the sum of [£441 17=] 1,178 24/90 dollars:

To the Rev. Mr. Fowler, ∥Indian∥ missionary, being a ballance due to him for his services at the treaty with the Indians at Pittsburg, 36 dollars:

To John Gibson, Esq r . for 8 months' house rent for the treasury office, as auditor general, to the 9th instant, wood for the use of the office, &c. &c. the sum of [£138 12 7 equal to] 369 61/90 dollars:

To St. Luke la Corne, Captain Frazier, and Major Campbell, for the allowance for themselves and 3 servants, from 24th September to 3d December, 90 dollars; the same to be paid to Colonel Donald Campbell: 2

Ordered , That the said accounts be paid.

Resolved , That 2,000 dollars be advanced to Lieutenant Colonel Antil, for the purpose of recruiting the batallion commanded by Colonel [Moses] Hazen; he to be accountable.

Resolved , That two of the continental batallions, now raising in Connecticut, be stationed for the defence of the said state in such parts thereof as Governor Trumbull shall judge most conducive for that purpose, till this Congress shall order otherwise.

Resolved , That the treasurer pay, upon the order of the government of Connecticut, out of the first monies which shall be received into the loan office in that state, forty thousand dollars; the said state to be accountable for the expenditure thereof.

Resolved , That Antoine Seelim be appointed a captain

2 This report is in the Papers of the Continental Congress , No. 136, I, folio 7.

Resolved, That General Putnam be directed to order parties of active spirited men, with proper guides, to cross from this city into Jersey, and under the conduct of good officers to act as harassing parties, and to get the

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

Adjourned to 10 o'Clock to Morrow.∥

The committee appointed to prepare a resolution for appointing a day of fasting and humiliation, brought in a report, which was read and agreed to, as follows:

Whereas, the war in which the United States are engaged with Great Britain, has not only been prolonged, but is likely to be carried to the greatest extremity; and whereas, it becomes all public bodies, as well as private persons, to reverence the Providence of God, and look up to him as the supreme disposer of all events, and the arbiter of the fate of nations; therefore,

Resolved , That it be recommended to all the United States, as soon as possible, to appoint a day of solemn fasting and humiliation; to implore of Almighty God the forgiveness of the many sins prevailing among all ranks, and to beg the countenance and assistance of his Providence in the prosecution of the present just and necessary war.

The Congress do also, in the most earnest manner, recommend to all the members of the United States, and particularly the officers civil and military under them, the exercise of repentance and reformation; and further, require of them the strict observation of the articles of war, and particularly, that part of the said articles, which forbids profane swearing, and all immorality, of which all such officers are desired to take notice.

It is left to each state to issue out proclamations fixing the days that appear most proper within their several bounds.

Ordered , That the above be published by the committee who brought in the report.

A letter, of the 10th December, 1776, from General Washington, at Head quarters, falls of Delaware, ∥was read.∥ 1

Whereas a false and malicious report hath been spread by the enemies of America that the Congress was about to disperse:

Resolved , That General Washington be desired to contradict the said scandalous report in general orders, this Congress having a better opinion of the spirit and vigour of the army and the good people of these states than to suppose it can be necessary to disperse. Nor will they adjourn from the city of Philadelphia in the present state of affairs, unless the last necessity shall direct it.

The committee appointed to examine the prisoners sent from New Jersey, reported, that they have performed that service, and find some considerable distinction between them; Whereupon,

Resolved , That the committee appointed to examine the Jersey prisoners be empowered to discharge from gaol such of them as do not appear to have been engaged in measures against the United States of America; the said prisoners first signing a declaration, that they will not hereafter engage in such measures, or give the enemies of America aid, information, counsel, or assistance, in any way or manner whatsoever; and that such as the said committee judge proper, give security not to depart the city of Philadelphia without leave of this Congress.

Resolved , That General Putnam be directed to order parties of active, spirited men, with proper guides, to cross from this city into Jersey; and, under the conduct of good officers, to act as harassing parties, and get the 0170 1024 best intelligence of the motions and situation of the enemy, directing them to send frequent daily intelligence thro' him to Congress, of the discoveries they be able to make of the enemies movements and situation.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 11, from General Washington, was read, and referred to the Board of War. 1

Resolved , That 20,000 dollars be advanced to Gustavus Risberg, and charged to the account of Richard Dallam.

That 50,000 dollars be advanced to the council of safety of Pensylvania, for the public service; the said council to be accountable:

That 5,000 dollars be advanced to Dr. Nicholas Way, ∥of Wilmington,∥ for the public service; he to be accountable.

Resolved , That the two companys raised in the town of Westmoreland, be ordered to march with all possible expedition and join General Washington.

Resolved , That the continental apothecary be directed immediately to pack up all the continental medicines, and send them to the quarter master general:

That the quarter master general be directed to remove all the medicines belonging to the continent in this city to a place of security:

That the frigate Randolph and the sloop Hornet be directed to act in such manner as the continental general commanding here may direct, for the defence of this city, in preventing the enemy from passing the Delaware.

Resolved , That 53 ⅓ dollars be advanced to Mr. Sproat, clerk at the war office, for his service; he to be accountable.

Mr. [George] Walton, a delegate from Georgia, attended, and produced a letter from the secretary of the convention ∥of that state,∥ informing him of his appointment, with others, to represent that state for the year ensuing:

Resolved , That he be admitted to a seat.

Resolved , That Elisha Sheldon be appointed lieutenant colonel commandant of a regiment of cavalry on the continental establishment, with the rank and pay of a colonel of foot; and that General Washington be authorized to appoint the other officers to said regiment; and that the colonel, with his officers, proceed, without delay, to raise and discipline the said regiment; and that they repair to and join the army under General Washington's command, by companies, as soon as each company shall be compleat:

That the General be empowered to advance to Colonel Sheldon such sums of money as may be necessary for the service.

Resolved , That the Marine Committee be directed to employ one or more fast sailing vessels, to proceed on a cruise immediately off the Capes of Delaware, to give notice to all ships or vessels inward bound of the state of this port, in order that they may proceed to some other place or places of safety.

Resolved , That General Putnam be directed to send John Connolly under guard to Baltimore, Maryland, there to be confined.

That General Putnam, or the commanding officer in Philadelphia, be desired to appoint suitable persons to make proper provision of combustibles, for burning such 0172 1026 of the frigates and other continental vessels as may be in imminent danger of falling into the enemies' possession should this city come into their hands.

But when it shall happen that the General has no further occasion for the use of the frigate Randolph , for the defence of this city, if the same should fall into the enemies hands, should Captain Biddle in that case carry the said frigate safely to sea, and thereby save her from falling into the enemies' hands, this Congress will reward him and his people with a present of 10,000 dollars.

Resolved , That the continental general commanding in Philadelphia, be directed to defend the same to the utmost extremity, against the attempts of the enemy to get possession of it; and that, for this end, he apply, from time to time, to the council of safety of Pensylvania for their aid and assistance.

Resolved , That Mr.[Robert] Morris be empowered to borrow a sum, not exceeding 10,000 dollars, for the use of the Marine Committee; and Congress will indemnify him.

Resolved , That Timothy Dod be released from confinement.

Resolved , That the arms, ammunition, and cloathing, in or near the city of Philadelphia, be put under the direction of General Putnam; and that Mr. J. Mease, Mr. Towers, and all other persons having continental stores in care, make immediate return of the same to General Putnam, of the quantities and kinds of each, and where the same are placed, that the general may take proper order therein, whether for safety or use, as he shall judge proper.

Resolved , That General Putnam be authorized to employ all the private armed vessels in this harbour, for the defence and security of the city. And that he take the 0173 1027 most effectual measures for manning them, and putting them in fit condition for the above purpose.

General Putnam and Brigadier General Mifflin being called to a conference, and having, by strong arguments, urged the necessity of the Congress retiring, it was, therefore,

Resolved , That Mr. Wilson be desired to inform the assembly and council of safety of Pensylvania of the ∥proposed∥ adjournment of Congress, and the place to which they have resolved to adjourn; and to inform them, that Congress will, at all times, on their application, be ready to comply with their requisitions for the security of this city and state against the common enemy.

Whereas the movements of the enemy have now rendered the neighbourhood of this city the seat of war, which will prevent that quiet and uninterrupted attention to the public business, which should ever prevail in the great continental council:

Resolved , That this Congress be, for the present, adjourned to the town of Baltimore, in the state of Maryland, to meet on the 20th instant, unless a sufficient number to make a Congress shall be there sooner assembled; and that, until the Congress shall otherwise order, General Washington be possessed of full power to order and direct all things relative to the department, and to the operations of war. That the several matters to this day referred, be postponed to the day to which Congress is adjourned. 1

BALTIMORE

Congress met according to adjournment.

The delegates from Georgia produced the credentials of their reappointment, which were read as follows:

GEORGIA

In Convention, Savannah , 9 th October, 1776 .

The Convention proceeded to ballot for Delegates to represent this State in the Continental Congress for the Year ensuing: when, on closing the Poll, it appeared that Messrs. John Houstoun, Lyman Hall, Button Gwinnett, George Walton, and Nathan Brownson, Esquires were duly elected, and declared so accordingly.

A true Copy from the Minutes, Edward Langworthy , Secretary . 1

Sundry letters were read, viz.

Three from General Washington, of the 12, and 13, and 15; with one, of the 13th, from General Sullivan.

Four, from Mr. R. Morris, ∥at Philadelphia,∥ of the 13, 14, 16, and 17th.

One, of the 8, from General Wooster: 2

∥ Ordered , That they be∥ referred to a committee of four:

The members chosen, Mr. R[ichard] H[enry] Lee, Mr. [James] Wilson, Mr. [Benjamin] Harrison, and Mr. [Samuel] Adams.

Resolved , That Benjamin Griffith do immediately supply the prisoners from North Carolina with provisions, cloathing, and blankets, and fuel, sufficient to protect them from the inclemency of the weather; and that the apartments, in which they are confined, be glazed, and in other respects secured from the weather, so that the health of the prisoners may be preserved, and they experience that humanity which has ever marked the conduct of this Congress to its prisoners.

Resolved, That the President send to the council of safety of Maryland a copy of the resolution passed the 9, and forwarded to the committees of Cecil, &c., and inform the said council of the reason that induced Congress to send the same to the committees, and request the council of safety to exert their utmost endeavours in forwarding the reinforcements. 1

Resolved , That the president write to General Washington, and desire him to send a flag to General Howe, and enquire in what manner General Lee, ∥who has been taken prisoner,∥ is treated: and if he finds that he is not treated agreeable to his rank and character, to send a remonstrance to General Howe on the subject; and farther, to enquire of General Howe whether he will grant permission to send General Lee such supplies of money as may be necessary to support him, during his confinement, in a manner suitable to his rank in the service of the United States of America:

That the president also write to Mr. R[obert] Morris, and request him to send 100 half-johannes to General Washington for the use of General Lee.

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

Adjourned to 10 o'Clock to Morrow. 1

A letter, of the 1 October, from Mr. [Silas] Deane, was read:

A letter of the 19 from the committee of Frederic county, was read, together with sundry resolutions passed by the said committee, respecting the marching of the militia ∥of that county∥ to reinforce General Washington, ∥was read.∥ 2

A number of prisoners being sent to Baltimore: Whereupon,

Resolved , That the committee of Baltimore be requested to secure, in a convenient room, under a guard, the prisoners, arrived this day from Philadelphia, except the two Goodrichs, who are to be committed to gaol; that Mr. [B.] 0177 1031 Griffith be empowered to supply them with provisions and other things absolutely necessary for them, until farther orders of Congress.

Resolved , That 6,000 dollars be advanced to Colonel Thomas Price, for the purpose of recruiting his batallion; he to be accountable.

The Board of Treasury reported, that they have had under consideration the account of Colonel [Captain] W[illiam] Richardson for guarding the continental treasury from Philadelphia to this place [Baltimore]; that the expence of the guard, with the provender for the teams, amounts to one hundred forty two pounds, one shilling and eleven pence [=378.83 dollars;] and he credits one hundred twelve pounds, ten shillings [=300 dollars] received by a warrant on the treasurer, and that there remains due to the said [Captain] W. Richardson, [twenty nine pounds, eleven shillings, eleven pence Pennsylvania currency, equal to] 78 83/90 dollars: 1

Ordered , That the said accounts be paid.

A letter, of the 15, from General Armstrong, at Philadelphia, was read, and referred to the Board of War. 2

The committee to whom were referred the letters from General Washington and Mr. Morris, brought in their report, which was taken into consideration: Whereupon,

Resolved, That Mr. President inform General Washington by letter, that Congress approve his conduct in not publishing in general orders the resolve of Congress approve his conduct in not publishing in general orders the resolve of Congress of the 11 instant.

That proper magazines of provision for the army be immediately formed in or near Pensylvania, and that Congress approve of the General's sending General Armstrong to fix on the most secure and convenient places for such 0178 1032 magazines; to animate the militia, and facilitate the recruiting service in Pensylvania:

That Congress approve of General Washington's sending General Smallwood to Maryland, to encourage and promote the speedy raising of the new levies therein; and General Smallwood is requested to use his utmost endeavours in executing that business:

That Robert Morris, George Clymer, and George Walton, Esqrs. be a committee of Congress, with powers to execute such continental business as may be proper and necessary to be done at Philadelphia: 1

That 200,000 dollars be immediately sent to Mr. Commissary Mease, subject to the disposition of the said committee, for providing the militia going into service; for paying the soldiers from Ticonderoga, and for such other public uses as they shall think proper:

That if the above sum should be insufficient, the said committee have power to call on the commissioner of the loan office, in Pensylvania, for such farther sums, as the continental use there may demand:

That the said committee keep up a regular correspondence with Congress, informing them, from time to time, of their proceedings herein:

That the resolve respecting the appointment of this committee, and its powers, be transmitted to Messieurs Morris, Clymer, and Walton, by Mr. President; and that he inform the said gentlemen, that Congress approve their care of the public business as signified in Mr. Morris's letters. Also, that Mr. Morris be informed, that Congress highly approve his plan of fitting the continental frigates at Philadelphia regularly for sea, and with all possible expedition:

Resolved, That a magazine of ammunition and arms, with a proper laboratory, be immediately formed at York Town, in Pensylvania. 1

That Mr. Secretary Peters be directed, by the Board of War, to repair to Baltimore as soon as possible.

Resolved , That 19,000 dollars be advanced to Mr. John Boyd, pay master of Colonel Mackay's batallion, for the use of that batallion; he to be accountable for the expenditure.

Resolved , That two chaplains be appointed to this Congress.

That Monday next be assigned for chusing them.

Congress resumed consideration of the letter from the committee of Frederic county: Whereupon,

Resolved , That 18,000 dollars be transmitted to the committee of Frederic, for the use of the militia of the counties of Frederic, Washington, and Montgomery, who march to reinforce General Washington; the said committee to be accountable: That the committee transmit to General Washington a particular account of the money advanced to the militia.

Resolved , That officers of troops inlisted for three years, or during the war, receive pay on the new establishment, from the time of their being appointed by their respective States, in consequence of the resolution of Congress passed the 16th of September last.

Resolved , That such alteration be made in the rations of the Virginia troops as the governor and council of that state shall direct, provided the expence does not exceed that of the ration established for the continental army.

Resolved , That three thousand dollars be advanced to Colonel W. Richardson for the purpose of recruiting his regiment; he to be accountable.

Resolved , That Mr. [William] Hooper be empowered to examine into the state of the North Carolina prisoners, and have such of them as are sick, removed to a private house, and kept under guard; and that he provide a physician to attend them.

Resolved , That General Washington be directed to pay the militia that may reinforce his army, in the same manner as his other troops are paid; and that, on their discharge, one penny per mile be allowed in lieu of rations, to support them on their march to their respective places of abode. 1

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock on Monday.

Congress agreeable to the order of the day, proceeded to the election of chaplains, and the ballots being taken the Reverend Mr. P. Allison, and the Reverend Mr. W. White, were elected.

Ordered , That Mr. [John] Witherspoon, Mr. [Samuel] Adams, and Mr. [William] Hooper, be a committee to inform the said gentlemen of their appointment, and desire their attendance.

Mr. [William] Hooper having reported, that the present situation of the prisoners is very disagreeable and dangerous to their health, on account of the prison being much out of repair; Whereupon,

Resolved , That until the apartments of the jail of the town of Baltimore shall be repaired, and put in such a condition as not to endanger the health of those who may be confined in them, that the prisoners from the state of 0181 1035 North Carolina be removed from thence to different rooms in the court house, or wherever else they can be procured, and there safely locked up and secured; and that the committee of inspection of the said town, be requested to direct proper apartments for their reception, and from time to time, keep up a good and sufficient guard over them; and, in order to secure them more effectually, that the prisoners, agreeable to their own voluntary proposal, shall be upon their parole not to make any attempts to escape from confinement, nor interfere in the present war with Great Britain, by carrying on any correspondence, conversation, or otherwise, with the enemies of America; and that during this confinement, Benjamin Griffith, who, by a late resolve of this Congress, was directed to supply the prisoners when confined in gaol, continue to supply and accommodate them with necessaries for their support.

Resolved , That Robert Patton be door keeper, and James Long, messenger, ∥to Congress.∥

Resolved , That to Morrow be assigned for appointing skilful persons to be sent to examine the Salisbury and Mr. Livingston's foundaries, agreeable to the resolution of the 28 November last.

The Committee of Secret Correspondence, having applied for instructions to enable them to return an answer to the letter read yesterday from Mr. Deane, Congress took the said letter into consideration; Whereupon,

Resolved , That the Committee of Secret Correspondence be directed to inform the Commissioners at the Court of France, that Congress have received no advices concerning the proceedings of Portugal but what they have seen in the news papers, the authenticity of which may be doubtful. That Congress desire exact information from 0182 1036 the Commissioners, whether any American vessels have been prohibited entering, or have been confiscated, in the dominions of Portugal, and on what principles.

That they be directed to remonstrate in the firmest tone with the Portuguese Ambassador on these subjects, so soon as they shall have well informed themselves of the facts above mentioned.

That the Commissioners be authorised to arm and fit for war any number of vessels not exceeding six, at the expence of the United States, to war upon British property, and that commissions and warrants be for this purpose sent to the Commissioners, provided the Commissioners be well satisfied this measure will not be disagreeable to the court of France.

Resolved , That Mr. John Boyd, the pay master of Colonel Mackay's batallion, be empowered to receive from Mr. William Smith, at Hanover, such a number of shoes as may be wanted for the use of the said batallion.

Resolved , That the assemblies, conventions, committees or councils of safety, and other persons that are or may be entrusted with money for the militia reinforcing the armies of the United States, transmit the receipts of the officers receiving the same to the pay master or deputy pay master general of the respective armies; who are hereby directed to make the proper stoppages, and give certificates of the delivery of such receipts, specifying therein, the names of the persons signing them, the dates and sums mentioned in the same, and the persons to whom the receipts were given; which certificates shall be received by the commissioners of the treasury as sufficient vouchers for discharging the respective accounts from the sums expressed in the same.

Resolved , That the Commissioners of Congress at the Court of France be authorised to borrow on the faith of 0183 1037 the thirteen United States a sum not exceeding two millions sterling, for a term not less than ten years.

That, if the money borrowed cannot be obtained at a less interest than six per centum, the Commissioners be permitted to engage for that rate of interest, and that they stipulate for the payment of the interest at periods not less than annual.

That if the Commissioners can contract for the payment of the principal and interest in the products of North America, to be delivered here, it will be very agreeable to Congress.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 20th, from the council of safety of Pensylvania.

One, of the 21, from R. Morris.

One, of the 10th, from General Schuyler, with sundry papers enclosed, ∥were received and read:∥ 2

Resolved , That the last be referred to the committee on the affairs of the northern army.

Resolved , That two members be added to the said committee:

The members chosen, Mr. [Thomas] Heyward, and Mr. [William] Whipple.

Resolved , That 200,000 dollars be advanced to the council of safety of Pensylvania, for the public service; the said council to be accountable.

Resolved , That Mr. Hillegas, the treasurer, be empowered to employ proper persons to sign the Bills which remain unsigned in the treasury, and return their names to Congress.

Resolved , That a letter be immediately written by Mr. President to the assemblies of New Hampshire, Massachusetts bay and Connecticut, informing them, of the critical state of the fortress of Ticonderoga and the other posts in that quarter; and the extreme danger of General Carleton's possessing himself of that fortress as soon as Lake Champlain shall be so frozen, as to be capable of bearing horses: that, by a letter from General Schuyler, Congress is informed, that the troops, now occupying those posts, will not tarry after the 31 of this month; and, in the most pressing terms, urging the necessity of hastening up troops, from their respective states, with the utmost despatch, in the following proportions, viz. 2,500 from Massachusetts bay, 1,500 from Connecticut, and 500 from New Hampshire, making 4,500. Informing them, that Congress desire they will not wait till the several corps are compleated; there being now a plentiful stock of provisions at Ticonderoga, and nothing to fear from the enemy till the lake shall be frozen, as above-mentioned.

Resolved , That two members be added to the committee appointed on the 17 October for the better regulating the Treasury Board:

The members chosen, Mr. [Thomas] Nelson, and Mr. [William] Ellery.

Resolved , That 533 ⅓ dollars be advanced to Thomas Nichols, deputy quarter master general, for the public service, and charged to the account of Brigadier General Mifflin, quarter master general, to whom said Nichols, who is an officer in his department, is to be accountable.

Resolved , That a committee of five be appointed to prepare and report a plan for obtaining foreign assistance.

The members chosen, Mr. [Elbridge] Gerry, Mr. [John] Witherspoon, Mr. R[ichard] H[enry] Lee, Mr. [Abraham] Clark, Mr. S[amuel] Adams.

Sundry French letters were laid before Congress, and read:

Ordered , That the said letters from Genest and de Champigny be referred to the committee for procuring cannon.

Resolved , That a member be added to the said committee.

The member chosen, Mr. [Francis] Lewis.

Resolved , That two other magazines of ammunition, in addition to that agreed to on the 21, be formed, one in the eastern states, and one in the southern states:

Ordered , That the delegates of the eastern states confer together, and also those of the southern states, and fix upon proper places, and report to Congress on Thursday next.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock on Thursday. 1

Sundry letters were read, viz.

One, of the 16, from General Washington, with an extract of a letter from Commissary General Trumbull:

One, of the 13th, from said Commissary General Trumbull at Morristown:

One, of the 8th, from Governor Cooke:

One, of the 20th, from General Washington, with a plan for the establishment of artillery, and a memorandum. 1

One, of the 21, from General N. Greene:

Two, of the 22, from the council of safety of Pensylvania, with sundry letters from Ticonderoga:

One, of the 2d, from Colonel A[nthony] Wayne, at Ticonderoga, with sundry papers enclosed:

One, of the 6th, from Colonel J. Wood, at ditto:

One, of the 23, from Samuel Washington, of Berkley county, Virginia:

One, of the 10, from Colonel John Brown, of Albany, with papers enclosed:

Also, a letter from Donald M'Leod, Alexander M'Leod, Kenneth M'Donald, and a petition from Thomas Slater, prisoners. 2

Resolved , That 400,000 dollars be advanced to Joseph Trumbull, commissary general; he to be accountable.

Resolved , That J. Trumbull, Esq r . commissary general, be empowered to import, at the continental risque, from 0187 1041 Virginia and Maryland, and the other southern states, such quantities of flour and other provisions as he may judge necessary for the support of the army.

Resolved , That the delegates of Virginia be empowered and directed to write to the governor and council of their state, and request them to contract with proper persons for the delivery of 10,000 barrels of flour on James, York, Rappahannock, and Potomack rivers, to the order of Joseph Trumbull, commissary general of the continental army, or of a larger quantity should he require a further supply; the said J. Trumbull to send vessels to take it in, and to pay for, drawing orders on the president of Congress for the payment of the same.

Ordered , That the letters read be referred to a committee of the whole:

Congress than resolved itself into a committee of the whole, to take into consideration the letters; and, after some time spent thereon, the president resumed the chair, and Mr. [Benjamin] Harrison reported, that the committee have had under consideration the letters to them referred; but, not having time to finish, desire leave to sit again to Morrow at 10 o'Clock.

Resolved , That this Congress will, to Morrow, at 10 o'Clock, resolve itself into a committee of the whole, to take into consideration the letters read this day.

Resolved , That a committee of three be appointed to take into consideration the state of the army, and report thereon to Morrow morning:

The members chosen, Mr. R[ichard] H[enry] Lee, Mr. [James] Wilson, and Mr. [Samuel] Adams.

Resolved , That a committee of five be appointed to prepare a plan for the better conducting the executive business of Congress, by boards composed of persons, not members of Congress:

The members chosen, Mr. [William] Whipple, Mr. [James] Wilson, Mr. [Elbridge] Gerry, Mr. [Thomas] Nelson, and Mr. [Robert] Morris.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

Resolved , That the of sum 3,333 ⅓ dollars be advanced to Mr. James Nourse, for the use of the militia of Berkley and Frederic counties, in Virginia, who are about to march to reinforce General Washington; the said Mr. J. Nourse to be accountable for the expenditure.

Resolved , That the resolution passed the 3d of December, granting a pair of shoes and stockings to the militia of Pensylvania, and by which they are entitled to the same rations and the same monthly pay with the other troops on the continental establishment, to commence from the time of their enrolment, be extended to the Virginia militia, who march to reinforce General Washington.

Sundry letters were read, viz.

One of the 23, from Mr. R. Morris; one, of the 3, from General Schuyler, at Saratoga; one from Henricus Godet, of St. Eustatia, of November 30; one, of the 18, from Richard Dallam, deputy pay master general, at Newtown, in Bucks county, Pensylvania; one, of the 5, from Jonathan Trumbull; one, of the 25 November, from Joseph Trumbull; a petition from Faneuil and others, to the assembly of Massachusetts bay, and a resolution passed by the said assembly in consequence thereof. 1

The committee on the state of the army, brought in their report, which was taken into consideration; Whereupon,

Resolved , That a brigadier general of artillery be appointed; and, the ballots being taken,

Colonel Henry Knox was elected.

Resolved , That General Washington be empowered to use every endeavour, by giving bounties and otherwise, to prevail upon the troops, whose time of inlistment shall expire at the end of the month, to stay with the army so long after that period, as its situation shall render their stay necessary:

That the new levies in Virginia, Maryland, the Delaware state, Pensylvania, and New Jersey, be ordered to march by companies, and parts of companies, as fast as they shall be raised, and join the army under General Washington, with the utmost despatch:

That the foregoing resolution be transmitted by the president to the executive powers of the states before mentioned, who are requested to carry it into execution; to appoint commissaries to precede the troops, and procure provision for them on their march; and that they be empowered to draw money for this purpose from the nearest continental pay master:

That General Washington be empowered to appoint a commissary of prisoners, and a cloathier general for supplying the army; to fix their salaries, and return their names to Congress:

That General Washington be requested to fix upon that system of promotion in the continental army, which, in his opinion, and that of the general officers with him, will produce most general satisfaction; that it be suggested to him, whether a promotion of field officers in the colonial line, and of captains and subalterns in the regimental line, would not be the most proper:

That the Committee of Congress of Philadelphia be desired to contract with proper persons for erecting at Carlisle, in Pensylvania, a magazine sufficient to contain ten thousand stand of arms and two hundred tons of gun powder, and also for erecting an elaboratory adjacent to such magazine.

That the council of Massachusetts bay be desired to contract with proper persons for erecting in the town of Brookfield in that state, a magazine sufficient to contain ten thousand stand of arms and two hundred tons of gun powder, and also for erecting an elaboratory adjacent to such magazine.

That Congress approve of General Washington's directing the quarter master general to provide teams for each regiment, and for other necessary purposes:

That the Committee of Secret Correspondence be desired to direct the Commissioners at the Court of France to procure, if possible, from that Court an hundred thousand stand of small arms.

That the 2d and 7th Virginia regiments, with all the convalescents from the other corps left in that state, and now fit for duty, be ordered to march and join the army under General Washington, with the utmost despatch, leaving the arms that they have at present, with the governor and council of that state, as they will be provided with others at the Head of Elk:

That three of the regiments, upon the new establishment, in North Carolina, be ordered to march immediately into Virginia, and put themselves under the direction of the officer commanding there; and that during the interval between the march of the Virginia regiment and the arrival of those from North Carolina to join General Washington:

That the state of Virginia be empowered to call into service, at the continental expence, three regiments of militia, or minute men, if such a measure shall be, by that state, judged necessary.

The unjust, but determined, purpose of the British court to enslave these free states, obvious through every delusive insinuation to the contrary, having placed things in such a situation, that the very existence of civil liberty now depends on the right execution of military powers, and the vigorous, decisive conduct of these, being impossible to distant, numerous, and deliberative bodies:

This Congress, having maturely considered the present crisis; and having perfect reliance on the wisdom, vigour, and uprightness of General Washington, do, hereby,

Resolve , That General Washington shall be, and he is hereby, vested with full, ample, and complete powers to raise and collect together, in the most speedy and effectual manner, from any or all of these United States, 16 batallions of infantry, in addition to those already voted by Congress; to appoint officers for the said batallions; to raise, officer, and equip three thousand light horse; three regiments of artillery, and a corps of engineers, and to establish their pay; to apply to any of the states for such aid of the militia as he shall judge necessary; to form such magazines of provisions, and in such places, as he shall think proper; to displace and appoint all officers under the rank of brigadier general, and to fill up all vacancies in every other department in the American armies; to take, wherever he may be, whatever he may want for the use of the army, if the inhabitants will not sell it, allowing a reasonable price for the same; to arrest and confine persons who refuse to take the continental currency, or are otherwise disaffected to the American 0192 1046 cause; and return to the states of which they are citizens, their names, and the nature of their offences, together with the witnesses to prove them:

That the foregoing powers be vested in General Washington, for and during the term of six months from the date hereof, unless sooner determined by Congress.

Resolved , That the council of safety of Pensylvania be requested to take the most vigorous and speedy measures for punishing all such as shall refuse continental currency; and that the General be directed to give all necessary aid to the council of safety, for carrying their measures on this subject into effectual execution.

Mr. Hillegas having returned the names of persons ∥by him employed∥ to superintend the press, and to sign the bills of credit, they were agreed to; and are,

Superintendents of the press: Thomas Harrison, William Smith, and John Merryman, Junior.

Signers of money: John Smith, William Buchanan, William Lux, Daniel Bowley , William Asquith, John Griffith, Hercules Courtney, John Moale, John Cokey, James Kelso, Richard Cromwell, Thomas Sellors, William Wilkinson, James Colhoun, John McHenry, John McLure, Jonathan Hudson, Thomas Russel, George Welsh, Theodore Barrell, Thomas Donnellan, John Boyd, Benjamin Levy, David Stuart, George Lux, Jacob Hart, Samuel Hillegas, and William Govett.

Resolved , That 266 ⅔ dollars be advanced to John Griffith, for the use of the sick soldiers in Baltimore; he to be accountable.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

Resolved , That a committee of three be appointed to prepare a circular letter to the several United States, explaining the reasons which induced Congress to enlarge the powers of General Washington, and requesting them to co-operate with him, and give him all the aid in their power:

The members chosen, Mr. R[ichard] H[enry] Lee, Mr. [James] Wilson, and Mr. [Samuel] Adams.

Resolved , That the five millions of dollars, which by the resolution of the 2d of November last, the Treasury Board were ordered to prepare and have ready for emission, be now emitted on the faith of the United States.

Resolved , That the council of safety of the state of Maryland, be, and they are hereby, requested, to furnish Mr. John Griffith with fifty blankets for the use of the sick soldiers in Baltimore, who stand in immediate need thereof.

Resolved , That 400 dollars be advanced to Colonel Carvill Hall, for the use of his batallion; he to be accountable.

The committee, to whom the report of the gentlemen who were directed to repair to Ticonderoga, and the papers therein mentioned, were referred, brought in a report, which was taken into consideration: Whereupon,

Resolved , That in the opinion of Congress, the northern army may be supplied more advantageously and conveniently, in the present mode by the commissary general governing himself by such regulations as have been, and may be, from time to time, ordained by the general or commander in chief, than by contractors:

That the commissary general be directed, without fail, to supply the northern army, this winter, with vegetables 0194 1048 twice in every week, or more frequently, if possible; and to take effectual measures that they be well supplied with vinegar:

That two large floating batteries be built on Lake Champlain, to cover the boom and the bridge; and that General Schuyler be desired to contract with builders for this purpose in New York, or Massachusetts bay, or both, and that General Schuyler provide the materials:

That the committee for supplying cannon be directed to procure ten brass six inch howitzers, with shells, and a proper attrail, for the use of the northern army:

That a fort be constructed on Mount Independence: that the navigation of the lake near that place be obstructed by Cassons, to be sunk in the water, at small distances from one another, and joined together by string pieces, so as, at the same time, to serve for a bridge between the fortifications on the east and west sides; that, to prevent the enemy from drawing their small craft over land beyond Three Mile Point into Lake George, the passage of that lake be also obstructed, in like manner, by Cassons from island to island in the narrows, if practicable, or by floating batteries; that Fort Stanwix be strengthened, and other fortifications be made at proper places near the Mohawk river, and that General Schuyler, or the commanding officer of the northern army, execute these works this winter; and that the commanding officers of artillery, chief engineer, quarter master general, and commissary general, provide and perform whatever things in their respective departments are necessary, or may contribute to the accomplishment thereof:

That the general court, or council, of the state of Massachusetts bay, be requested to procure such a quantity of oakum, and any other articles, as General Schuyler, who 0195 1049 is desired to write to them on the subject, shall require; and to forward the same to such places as he shall direct: 1

The Committee appointed to prepare a plan for obtaining foreign assistance brought in a report, which was read. 2

Ordered , That the same be referred to a committee of the whole house, and that Congress do immediately resolve itself into a committee of the whole to take the same into consideration.

Congress then resolved itself into a committee of the whole to take into consideration the report of the committee on the plan of obtaining foreign assistance, and after some time spent thereon, the president resumed the chair, and Mr. [Benjamin] Harrison reported that the committee have had under consideration the report to them referred, and made sundry amendments, but not having had time to go through the whole desire leave to sit again.

Resolved , That Congress will to Morrow resolve itself into a committee of the whole to take into farther consideration the report of the committee.

Resolved , That the Board of War be empowered and directed to write to Philadelphia for accoutrements and necessaries for six troops of light horse ordered from Virginia.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow morning.

Resolved , That the committee appointed to consider the letter from General Schuyler, dated the 10th of December, be directed to send a suitable person or persons to Mr. Livingston, owner of the foundery in the state of New York, and to Governor Trumbull, under whose direction is the foundery at Salisbury; and also to the council of the state of Massachusetts bay, to procure such cannon and ordnance stores, as are required by the general in his said letter; as being immediately necessary for the northern department.

Congress then resolved itself into a committee of the whole to take into consideration the report of the committee on the plan of obtaining foreign assistance, and after some time, the president resumed the chair, and Mr. F[rancis] L[ightfoot] Lee reported that the committee have had under consideration the report to them referred, and have come to sundry farther amendments, which he was ready to report.

Resolved , That the report be received and taken into consideration to Morrow.

Resolved , That to Morrow be assigned for appointing more general officers.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

A letter, of the 21, from Brigadier General Lewis, was read.

Also two letters, of the 26 and 27, from R. Morris. 1

The committee, appointed to consider the letters from General Schuyler, and relating to the northern army, brought in a report; Whereupon,

Resolved , That General Schuyler, or the commanding officer of the northern army, be directed to cause an elaboratory to be erected at Albany such place as he shall judge most convenient, to fix all the necessary ammunition for the ensuing campaign.

Resolved , That 15 companies, consisting of a captain or overseer, and 30 men each, be engaged, upon such terms as General Schuyler shall think just and equitable, for the batteau service: and be occasionally employed on the high ways and other works in the quarter master general's department; and that four companies of carpenters, to consist of an overseer and twenty five men each, be engaged in like manner to attend the northern army.

That the Overseers have the Rank and receive the pay of and be allowed the same Rations, and the Men be subsisted and paid as private Soldiers. And that General Schuyler or the Commanding officer of that Army grant warrants to the overseers for inlisting.

For the better regulating waggons in the northern army,

Resolved , That two waggons be allowed to every company on a march, and one waggon to the colonel, one to the lieutenant colonel and major, one to the staff of a regiment, and one for the particular use of the director of the hospital. Each waggon to be drawn by two horses, (except that for the colonel, which is to be allowed four horses,) 1 and subject to such orders, as shall, from time to time, be issued by the general or commanding officer.

Resolved , That if any commissioned or non-commissioned officer shall employ more carriages than are mentioned in the foregoing resolution, he shall not be allowed to make a public charge of it, but shall pay the customary 0198 1052 price himself: and, on his refusal or neglect of so doing, he shall be subject to be fined by a court martial in treble the sum; one third part of such fine to be for the use of the owner of the waggon or other carriage so employed, and the other two thirds to the pay master for the public use; the part adjudged to the owner of the carriage shall be paid to him by any quarter master on the certificate of the president of the court martial, who shall transmit the whole fine to the pay master, in order that the same may be deducted from the pay of the delinquent. 1

Resolved , That the Secret Committee Board of War be directed to order Sixty Tons of Cannon Powder and Thirty four tons of musquet Powder to be immediately sent to Genl Schuyler for the Use of the Northern Army, provided those quantities can be spared consistent with the Safety of the several States. Postpon'd. 1

Congress being informed that some of the prisoners have broken out of gaol, and made their escape,

Resolved , That the committee of observation for Baltimore county be requested to direct immediate and strict search for the prisoners, who last night escaped from the gaol in Baltimore town; and to offer a reward for the apprehending and securing the said prisoners; and that the said committee make enquiry into the conduct of the gaolor, or any other person suspected of permitting or assisting the escape; and that they take such measures as they shall think proper to bring such offenders to punishment.

Resolved , That 200 dollars be paid into the hands of the committee appointed to consider the letter from General Schuyler of the 10th of December, for the payment of the expences of some suitable person or persons to be sent by them to Mr. Livingston, Governor Trumbull, and 0199 1053 the council of the state of Massachusetts bay, agreeable to a resolution passed yesterday; the said committee to be accountable.

The committee appointed to prepare a circular letter to the several states, reported a draught, which was read, amended, and agreed to:

Ordered , That copies be made, signed by the president, and transmitted to each of the United States.

(Circular.)

Baltimore , Decem. 30th, 1776

Gentlemen ,

Ever Attentive to the Security of Civil Liberty, Congress would not have Consented to the Vesting of such Powers in the Military Department as those, which the Inclos'd Resolves convey to the Continental Commander in Chief, if the Scituation of Publick Affairs did not Require at this Crisis a Decision and Vigour, which Distance and Numbers Deny to Assemblies far Remov'd from each other, and from the immediate Seat of War.

The Strength and Progress of the Enemy, Join'd to Prospects of considerable Reinforcemts have Render'd it not only Necessary that the American Force should be Augmented beyond what Congress had heretofore Design'd, but that it should be brought into the Field with all possible Expedition. These Considerations induce Congress to Request in the most earnest manner, that the fullest influence of your State may be Exerted to Aid such Levies as the General shall Direct in consequence of the Powers now given him, and that your Quota of Battalions formerly fix'd may be Compleated with all the Dispatch that an Ardent Desire to Secure the publick happiness can Dictate.

I have the Honour to be with every Sentiment of Esteem, Gentlemen

Your most Obedt Servt

J H P t . 1

It appearing to Congress that it will be extremely difficult, if not impracticable, to supply the army of the United States with bacon, salted beef, pork, soap, tallow and candles, unless the exportation thereof be prohibited; therefore,

Resolved , That none of the said articles, except such as may be necessary for the crew of any ship or vessel, be exported from any of the United States after the 5th day of January next, until the first day of November next, or until Congress shall take further order therein. And it is earnestly recommended to the executive powers of the several United States, to see that this resolution be strictly complied with. 1

Resolved , That the Board of War be empowered to agree with, and employ, as an assistant clerk, Mr. Robert Smith Nourse, late General Lee's secretary.

The report from the committee of the whole being read, the same was taken into consideration; Whereupon,

Resolved , That Commissioners 2 be forth with sent to the Courts of Vienna , Spain, Prussia and the grand Duke of Tuscany . 3

That the several Commissioners of the United States be instructed to assure the respective Courts, that notwithstanding the artful and insidious endeavours 4 of the Court 5 of Great Britain to represent the Congress and inhabitants of these states to the European powers, as having a disposition again to submit to the sovereignty of the crown of Great Britain, it is their determination at all events to maintain their independance.

That the Commissioners be respectively directed to use every means in their power to procure the assistance of the Emperor of Germany , and of their most Christian, Catholic and Prussian Majesties, for preventing German, Russian, or other foreign troops, from being sent to America for hostile purposes against these United States, and for obtaining a recall of those already sent .

That his most Christian Majesty be induced, if possible, to assist the United States in the present war with Great Britain, by attacking the Electorate of Hanover, or any part of the dominions of Great Britain in Europe, the East or West Indies .

That to this purpose the Ambassadors be instructed to represent to the Court of France, that in Case G. Britain should succeed against America, a military Government will be established here, and the Americans already trained to arms will, however unwilling, be forced into the Service of his britannic Majesty, whereby his power will be greatly augmented, and may hereafter be employed to reduce to his Government the french and spanish Islands in the West Indies. 1

That, should the Independence of America be supported, Great Britain, on the Contrary, would at once be deprived of one third of her power and Commerce; that this in a great Measure would be added to the Kingdom of France, whose Territories in the West Indies would be less liable to Molestation from G. Britain and probably enlarged. 1

That the Commissioners be farther impowered to stipulate with the court of France, that all the trade between the United States and the West India islands shall be carried on by vessels, either belonging to the subjects of his most Christian Majesty, or of these states, each having free Liberty to carry on such trade.

That the Commissioners be likewise instructed to assure his most Christian Majesty, that should his forces be employed in conjunction with the United States to exclude 0202 1056 his Britannic Majesty from any share in the cod fishery of America, by reducing the islands of Newfoundland and Cape Breton, and ships of war be furnished when required by the United States to reduce Nova Scotia, the fishery shall be enjoyed equally and in common by the subjects of his most Christian Majesty and these states, to the exclusion of all other nations and people whatever; and half the island of Newfoundland shall be owned by and subject to the jurisdiction of his most Christian Majesty; provided, the province of Nova Scotia, island of Cape Breton, and the remaining part of Newfoundland, be annexed to the territory and government of the United States.

That should the proposals already made be insufficient to produce the proposed declaration of war, and the Commissioners are convinced that it cannot be otherwise accomplished, they assure his most Christian Majesty that such of the British West India islands, as in the course of the war shall be reduced by the united force of France and these states, shall be yielded in absolute property to his most Christian Majesty. And the United States engage on timely notice to furnish at their expence, and deliver at some convenient port or ports in the said United States, provisions for carrying on expeditions against the said islands, to the amount of two millions of dollars, and six frigates mounting not less than 24 guns each, manned and fitted for the sea, And to render any other assistance which may be in their power as becomes good allies. 1

That the Commissioners for the Court of France and Spain consult together, and prepare a treaty of commerce and alliance, as near as may be similar to the first proposed to the Court of France, not inconsistent therewith nor disagreeable to his most Christian Majesty, to be proposed to the Court of Spain adding thereto, “that if his Catholic Majesty will join with the United States in a war against Great Britain, they will assist in reducing to the possession of Spain the town and harbour of Pensacola, provided the citizens and inhabitants of the United States shall have the free and uninterrupted navigation of the Mississippi and use of the harbour of Pensacola, and will, provided it shall be true, that his Portuguese Majesty has insultingly expelled the vessels of these states from his ports, or hath confiscated any such vessels , 1 declare war against the said king, if that measure shall be agreeable to and supported by the Courts of France and Spain.”

That the Commissioners for the Court of Berlin consult with the Commissioners at the Court of France, and prepare such a treaty or treaties of friendship and Commerce, to be proposed to the King of Prussia, as shall not be disagreeable to their most Christian or Catholic Majesties.

That the Commissioners at the Court of France be informed of the designs of Congress to send Commissioners to the Courts of Vienna and the grand Duke of Tuscany, to cultivate the friendship of those princes, and to form such treaties of commerce as may be beneficial to those countries and the United States, and directed to acquaint the Ambassadors from their courts to that of France with this design; and in the meantime to solicit thro' those Ambassadors the interference of the Emperor 0204 1058 and the Duke of Tuscany, to prevent G. Britain from sending foreign troops to this Country, and to procure a recall of such foreign troops as are already here. 1

The several matters to this day referred, being postponed,

Adjourned to 10 o'clock to Morrow.

A letter, of the 27, from General Washington.

And one, of the 28th, from the committee of Congress, at Philadelphia, with sundry papers enclosed, were read. 2

Resolved , That Doctor Mackenzie be, and he is hereby authorized, to purchase such medicines as are immediately wanted for the sick soldiers belonging to the army of the United States, now in Baltimore, and return an account thereof to Congress.

Resolved , That General Smallwood be directed to exert his utmost endeavours, and give the necessary orders and instructions to expedite the raising the levies in the state of Maryland; and that it be earnestly recommended to the legislature and council of safety, the several committees of observation, the civil, military and militia officers of the said state, and every friend of liberty, and the United States, to give General Smallwood every assistance in their power.

Resolved , That 300 dollars be advanced to Lieutenant Colonel Antill, of Colonel Hazen's batallion, for the use 0205 1059 of the said batallion; and that the same be charged to the account of Colonel Hazen, who is to be accountable.

Resolved , That the requisition of General Schuyler for a supply of 60 tons of cannon powder, and 34 tons of musquet powder, for the use of the northern army, be referred to General Washington; and that he be directed to furnish that army with such quantities of that article as can be spared.

Resolved , That the Board of War be directed to inform General Washington of the quantities of gun powder, belonging to the Congress on hand in the different parts of America, as far as may have come to their knowledge.

A memorial from Lieutenant Colonel Antill was presented to Congress, and read: 1

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

A letter from William Kennon, of North Carolina, to General Lee, was read: 2

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

The members chosen, Mr. [William] Hooper, Mr. [Thomas] Heyward, and Mr. [Benjamin] Harrison.

Resolved , That any restrictions heretofore imposed upon the exportation of staves or other lumber, except to Great Britain, Ireland, and the British Islands, or any place under the dominion of Great Britain, cease.

Resolved , That a letter be written to General Washington, desiring him to order the cloathier general, to send agents into each state, to buy up linens and other cloathing proper for the soldiery; and that he give similar orders to the quarter master general to pursue the same mode for procuring a sufficient quantity of tent cloth; and that they severally be directed to apply to the states to afford all necessary assistance therein. And whereas 0206 1060 great expence hath heretofore arisen from public agents bidding against each other, the General is desired to caution the cloathier general and the quarter master general, that their agents aforesaid, fall not into the above mistake in times to come.

A memorial from John Matthewson, and others, was read; also a letter from Mr. Hughes:

Ordered , That they be referred to the Marine Committee.

An appeal being lodged against the judgment of the court of admiralty for the state of Rhode Island and Providence Plantations, on the libel, Eseck Hopkins vs. Richard Derby:

Ordered , That it be received, that it may be prosecuted before the committee on appeals.

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

Adjourned to 10 o'Clock to Morrow.¶

“Limiting the bounds of States, which by charter, &c. extend to the South Sea.”

Sherman thinks the bounds ought to be settled. A majority of States have no claim to the South Sea. Moves this amendment to be substituted in place of this clause, and also instead of the fifteenth article;—“No lands to be separated from any State, which are already settled, or become private property.”

Chase denies that any Colony has a right to go the South Sea.

Harrison . How came Maryland by its land, but by its charter? By its charter, Virginia owns to the South Sea. Gentlemen shall not pare 0229 1083 away the Colony of Virginia. Rhode Island has more generosity than to wish the Massachusetts pared away. Delaware does not wish to pare away Pennsylvania.

Huntington . Admit there is danger from Virginia, does it follow that Congress has a right to limit her bounds? The consequence is, not to enter into confederation. But as to the question of right, we all unite against mutilating charters. I can't agree to the principle. We are a spectacle to all Europe. I am not so much alarmed at the danger from Virginia as some are; my fears are not alarmed; they have acted as noble a part as any. I doubt not the wisdom of Virginia will limit themselves. A man's right does not cease to be a right, because it is large; the question of right must be determined by the principles of the common law.

Stone . This argument is taken up upon very wrong ground. It is considered as if we were voting away the territory of particular Colonies, and gentlemen work themselves up into warmth upon that supposition. Suppose Virginia should. The small Colonies have a right to happiness and security; they would have no safety if the great Colonies were not limited. We shall grant lands, in small quantities, without rent or tribute or purchase-money. It is said that Virginia is attacked on every side. Is it meant that Virginia shall sell the lands for their own emolument? All the Colonies have defended these lands against the King of Britain, and at the expense of all. Does Virginia intend to establish quit rents? I don't mean that the United States shall sell them, to get money by them.

Jefferson . I protest against the right of Congress to decide upon the right of Virginia. Virginia has released all claims to the land settled by Maryland, &c.