%images;]> lljc-006 Journals of the Continental Congress, 1774-1789 : a machine readable transcription. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 to 1873. Selected and converted. American Memory, Library of Congress.

Washington, DC, 1998.

Preceding element provides place and date of transcription only.

For more information about this text and this American Memory collection, refer to accompanying matter.

05-59 Law Library of Congress, Library of Congress. Publication exempt from copyright protection; refer to accompanying matter.

The National Digital Library Program at the Library of Congress makes digitized historical materials available for education and scholarship.

This transcription is intended to have an accuracy rate of 99.95 percent or greater and is not intended to reproduce the appearance of the original work. The accompanying images provide a facsimile of this work and represent the appearance of the original.

1998/04/16 0001

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

0002 0003 857
WEDNESDAY, OCTOBER 9, 1776

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

1 These letters are in the Papers of the Continental Congress , No. 153, II, 427, 433.

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,

2 See note under October 3, p. 844, ante .

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

1 This sentence is in the writing of John Hancock.

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

1 This paragraph is in the writing of John Hancock.

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.

0006 860

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.

THURSDAY, OCTOBER 10, 1776

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.

0007 861

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

1 The petition from Neff is in the Papers of the Continental Congress , No. 41, VII, folio 1. That of Fooks is in No. 42, III, folio 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.

1. Jas. Nicholson, of the Virginia , 28

2. John Manly, Hancock , 32

3. Hector M'Neil, Boston , 24

4. Dudley Saltonstall, Trumbull , 28

5. Nicholas Biddle, Randolph , 32

6. Thomas Thompson, Raleigh , 32

7. John Barry, Effingham , 28

8. Thomas Reed, Washington , 32

9. Thomas Grennell, Congress , 28

10. Charles Alexander, Delaware , 24

11. Lambert Wickes, Reprisal , 16

12. Abraham Whipple, Providence , 28

13. John Hopkins, Warren , 32

14. John Hodge, Montgomery , 24

15. William Hallock, Lexington , 16

16. Hoysted Hacker, Hampden ,

17. Isaiah Robinson, Andrew Doria , 14

18. John Paul Jones, Providence , 12

19. James Josiah,

20. Elisha Hinman, Alfred , 28

21. Joseph Olney, Cabot , 16

22. James Robinson, Sachem , 10

23. John Young, Independence , 10

24. Elisha Warner, Fly ,

Lieut. [John] Baldwin, Wasp , 8

Lieut. [Thomas] Albertson, Musquito , 4

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.

0008 862

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

1 This application, dated October 8, is in the Papers of the Continental Congress , No. 69, I, folio 233. The Committee was David Rittenhouse, John Bayard, and Owen Biddle. In notifying the Council Benjamin Rush wrote on the 11th: “The board of war will set this morning at 9 o'clock at the war office, at which time and place they expect the pleasure of meeting your committee. I beg leave to inform the Council that such information was given yesterday in Congress respecting the designs of our enemies against this city, as makes the delay of a single day, or even an hour dangerous.” Pennsylvania Archives , First Series, V, 38.

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.

William Crawford, colonel of the 7th; his commission to be dated the 14th of August:

Josiah Parker, lieutenant colonel of the 5th; his commission to be dated the 13th August:

Thomas Elliott, colonel of the 4th; his commission to be dated the 3d September.

James Hendricks, lieutenant colonel of the 6; his commission to bear date 13 August:

0010 864

John Markham, major of 2d; his commission to be dated the 13 August:

John Seayres, major of the 4th; his commission to be dated the 13 August:

George Johnston, major of the 5th; his commission to be dated the 13 August:

Richard Parker, Jun r . major of the 6th; his commission to be dated the 13th of August:

William Taliaferro, major of the 3d; his commission to be dated the 13th of August:

John 1

1 In the original Journal this was entered Richard .

Taylor, captain of the 1st; his commission to be dated the 29th of April:

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

Their commissions to bear date 29 April.

John Chilton, captain

John Blackwell, first lieutenant

Joseph Blackwell, 2d lieutenant

Their commission to bear date 18 March.

John Ashby, captain

William Neilson, 1st lieutenant

Isham Keith, 2d do.

Nathaniel Ashby, ensign

Charles Read, an ensign, in the room of Robert Dade.

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:

0011 865

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.

0012 866

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.

FRIDAY, OCTOBER 11, 1776

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

1 These letters are in the Papers of the Continental Congress , No. 152, III, folios 131, 139. They are printed in the Writings of Washington (Ford), IV, 482, 485.

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.

0015 869

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.

MONDAY, OCTOBER 14, 1776

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

1 The letter of Gates is in No. 154, I, folio 105. That of Mercer is in No. 159, folio 190. That of Trumbull is in No. 78, XXII, folio 145.

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

2 This petition, dated Camp, at Head Quarters, September 29, is in the Papers of the Continental Congress , No. 78, XV, folio 109. It has an endorsement by E. Rutledge “Improperly referred to the Board of War.”

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

1 This report, dated “At a Board of War, October 12th, 1776,” and in the writing of Edward Rutledge, is in the Papers of the Continental Congress , No. 147, I, folio 7.

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

1 “Yesterday, the Committee appointed to hear the appeal from the Maritime Court in New Hampshire, concerning the Elizabeth , made their report, which was accepted. They have reversed the sentence of our court, and have ordered a salvage of one-tenth part to be paid by the claimants, as she did not come under the order of Congress of November and December last. Afterwards, the Congress, by a vote, gave up to the said claimants their share of the said tenth, so that they will have but one-twentieth part to pay, beside the costs.

“The same Committee have had Mr. Sheafe's petition under their consideration, but have made no report. By what I have conversed with them, I believe they will not think themselves authorized to do any thing in that affair, as there is no appeal from the court to the Congress, and the opposite party not present to be heard in the case, and nothing but the petition, without any thing more before them. They all say the case appears to be hard, but know not how to remedy it, without more proofs than they have at present, and without the opposite party being heard, and the case brought properly before them.” Josiah Bartlett to John Langdon , 15 October, 1776. Force, American Archives , Fifth Series, II, 1063.

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:

0020 874

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

1 “Repealed Nov.” is written in the margin.

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.

TUESDAY, OCTOBER 15, 1776

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

1 This letter is in the Papers of the Continental Congress , No. 152, III, folio 149.

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

2 The letter from Lee is in the Papers of the Continental Congress , No. 158, folio 81; that of Schuyler is in No. 153, II, folio 449; that of Greene is in No. 155, I, folio 7; that of Trumbull is in No. 78, XXII, folio 151; and that of Warner is in No. 78, XXIII, folio 315.

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:

0022 876

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

1 This sentence in the report read: “with Artillery of any kind whatever.”

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

2 This report, in the writing of Richard Peters, and dated “at a Board of War, Oct r . 14, 1776,” is in the Papers of the Continental Congress , No. 147, I, folio 9.

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.

0023 877

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 Peter Schlemmer for victualing the militia on their march to New Jersey 43.42

To Frederic Rummel for do 65.49

To William Thompson victualing General Lee's guard 50.71

To Eliza Kuntz, for victualing militia 4.86

for supplies to army 23.55

for do to sick and wounded 36.

64.51

To George Stahl, for do to militia on their march 84.45

for do to army 2.9

86.54

To Adam Gartner, for do to do 30.8

for do to militia on their march 88.13

for do to sick soldiers in small pox, belonging to General Lee's guard 142.65

260.86

To sundries, for do to militia on their march 44.62

for do to sick of General Lee's guard 4.0

for do to General Lee's guard 7.42

47.49

To Elizabeth Robinson, for do to do 12.48

To Andrew Nebbinger, for do to militia on their march 39.86

To Godlup Zigel, for do to General Lee's guard 9.19

To Zach s . Sturgent, for do to sick of do 4.50

for do to sick of General Lee's do 4.17

8.67

To Martin Brenesy, for do to do 40.0

To Fred: Rumble, for do to do 12.17

for do to sick of do 60.16

72.33

To Jacob Bushong, for do to do of do 58.27

To Daniel Kyser, for do to do of do 29.66

To And. w Hortzeg for repairing arms of General Lee's guard 23.15

whole amounting to 913.43

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.

To the late Captain Hendricks, killed at the assault of Quebec, 53.30

To Lieutenant John M'Cleland, who died on the march to ditto, 36.0

To said Lieutenant Nichols, 36.0

For the use of the executors of Captain Hendricks inlisting money, when the company was raised, 85 men, at 1 dollar and ⅓, 113.30

The whole amounting to 238.60

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.

WEDNESDAY, OCTOBER 16, 1776

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

One from E. Pendleton, Esq. speaker of the assembly of Virginia, of the 9 October;

One from Thomas Jefferson, of the 11th, and

One from Jos. Trumbull, of the 12th, informing that 0026 880 he has empowered Carpenter Wharton to purchase salt to the westward of New Jersey, and as much pork, for the use of the army, as salt can be had for, and requesting that he may be supplied with such sums of money as may be necessary for this purpose, to be charged to said J. Trumbull: 1

1 The letter from Pendleton is in the Papers of the Continental Congress , No. 71, I, folio 61. That of Trumbull is in No. 78, XXII, folio 155.

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,

0028 882

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

1 This memorial is in the Papers of the Continental Congress , No. 41, II, folio 404.

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.

0030 884

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

1 This report, in the writing of George Wythe, is in the Papers of the Continental Congress , No. 25, I, folio 1. It was laid before Congress some time after September 26, and is endorsed: “Postponed. Agreed to October 16, 1776,” but no entry appears in the Journals.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

THURSDAY, OCTOBER 17, 1776

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

1 A petition from these prisoners is in the Colonial Records of North Carolina , X, 888.

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

2 “Congress have appointed a ‘Committee of Intelligence,’ to select and publish such intelligence as Congress shall receive from time to time, and it shall be proper to publish. That committee have, in this week's papers, published an account of the sea fight on the lake, but omitted some particulars which I have mentioned. They have also given the public such intelligence as hath been received from the army in the middle department.... At this critical period, when we have so much at stake, every friend to his country is anxious to know every thing that takes place. Sensible of this Congress, as I have already mentioned, have appointed a committee of intelligence, whose publications may be relied on: and if the accounts which Congress receives from the armies are particular, the public will be gratified so soon as posts can convey the newspapers to the different states.” William Ellery to Governor Cooke , 26 October, 1776. Rhode Island in the Continental Congress, 94, 95.

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,

0033 887

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:

0034 888

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.

FRIDAY, OCTOBER 18, 1776

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.

0035 889

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.

MONDAY, OCTOBER 21, 1776

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

1 This letter is in the Papers of the Continental Congress , No. 152, III, folio 155.

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

2 Ibid., folio 159.

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,

3 Ibid., No. 78, VII, folio 67.

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

4 Ibid., VIII, folio 255.

0036 890

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

1 This letter is in the Papers of the Continental Congress , No. 155, I, folio 11.

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;

0037 891

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

1 The letter from Schuyler is in the Papers of the Continental Congress , No. 153, II, folio 459; that of Mercer is in No. 159, folios 194, 198; that of the Convention of New York is in No. 67, I, folio 344.

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.

Dls. 90ths .

For parchment for the use of the Treasury office, 2 0

George Hofnagle's account for 15 of the militia, 1 45

John Sparhawk's account for quills, paper books, &c. for the use of the commissioners sent to Albany, 40 0

Henry Deering's account for entertaining militia, 16 18

Andrew Smith's account for do. 12 78

Joseph Sheerer's account for do. paid Thomas Wiggins 14 20

John Druit, for Bernard Romans' order, to be charged Romans, 16 0

Conrad Alster's account for entertaining militia on their march, 5 45

Philip Upright's do. for do. and guard to powder for Virginia, 3 6

John Nice's do. for do. 17 36

Levi Hollingsworth's account for escorting money to Amboy, 16 75

William Perkins, for supplies to troops, 2 84

Porterage of a box with the Massachusetts paper, 6

Captain Read's account of expences of his company on their march to camp, 40 72

Captain Whely's account of do. 27 54

Captain M'Kenzie, for subsistence, 3 39

M. Lotbinier, a French chaplain, one month's pay and rations, 41 30

Benjamin Condy, for cake-ink, 6 36

Thread for the use of the office, 15

Secretary Peter's order for transporting Lieutenant Symes's baggage, 10 30

Allen M'Donald, Sen. Allen M'Donald, Jun. Alexander M'Donald, Rennel M'Donald, for three weeks' allowance to themselves, and two servants, to 24 September, 36 0

William Ross's account of subsistence to militia on their march, 9 53

Valentine Vanholt's account of do. 9 9

R. Lumsden, for wood, hauling, and sawing, 9 22

John Streper's account for subsisting militia on their march, 12 9

Postage of a letter from Ticonderoga, 49

M. Lotbinier, French chaplain, one month's pay and rations, 41 30

Allen M'Donald, for the hire of a woman servant, allowed him from the 4th June to 24th September, 16 weeks, 16 0

John M'Kenzie, a prisoner from North Carolina, his allowance from 20 September to 17 October, 4 weeks, 8 0

Bartholomew Van Heer's account of disbursements to the army in Canada, and for 6 months' pay as lieutenant, 145 31

0039 893

Uriah Forrest, captain of a company in Colonel Irvine's batallion, furnishing 86 men, non-commissioned officers and privates, with provisions, from Annapolis to Philadelphia, 115 miles, at 1 d . a mile, each: also to one captain and three subalterns, 115 miles at 9 d .

In the whole 121 35

Total 687 27

Received 500

Ballance 187 27

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.

TUESDAY, OCTOBER 22, 1776

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:

0041 895

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

1 Printed in the Pennsylvania Evening Post , 22 October, 1776.

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.

0043 897

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.

WEDNESDAY, OCTOBER 23, 1776

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.

0044 898

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

1 A letter from De Roche Fermoy, without date is in the Papers of the Continental Congress , No. 78, IX, folio 45.

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

2 A letter from Cornelius Haight, dated St. Croix, September 3, 1776, is in the Papers of the Continental Congress , No. 78, XI, folio 87.

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 they have examined the account of Elihu Spencer, for his salary as a missioner to North Carolina, from 14 December, 1775, to the 4th May, 1776, being 4 months and 21 days, at 40 dollars per month 186.45 0045 899 That the said Missioner be allowed an addition of 16 dollars per month to his salary for the above time. 75.18 261.63 That he received a warrant of the 20th December last for 120. leaves a ballance in his favour 141.63/90 That there is due to Alexander McWhorter, for his salary as a missioner to North Carolina, from 14 December, 1775, to the 4th May, 1776, being 4 months 21 days, at 40 dollars 186.45 That the said missioner be allowed an addition of 16 dollars per month to his salary for the above time 75.18 261.63 That he received a warrant of 20th December last for 120. which leaves a ballance due to him 141.63/90 dollars That there is due to Adjutant Christian Febiger and Lieutenant Archibald Steel, and to be paid to the latter 232.70/90 dollars being for 2 months extraordinary pay to Adjutant Febiger at £6 17 6 equal to 36.60 2 mo. do to Lieutenant Steel £6 15 0 per do. equal 36. eight months 22 days to do. as adjutant from 9 November, to 1 August, 1776, at £6 17 6 equal to 160.10 the whole amounting to 232.70/90
0046 900

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:

25 5/7 weeks, his servant's allowance, 34 25/90 dollars:

Amounting to 85 63/90 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.

0047 901

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

THURSDAY, OCTOBER 24, 1776

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

0048 902

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

1 This petition is not in the Papers of the Continental Congress , but a memorial, based upon it, was laid before Congress, November 18, 1776, and is in No. 41, III, folio 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.

FRIDAY, OCTOBER 25, 1776

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

2 This letter is in the Papers of the Continental Congress , No. 152, III, folio 173.

0049 903

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.

For Drilling for haversacks, account No. 1, £6 5 10

Part of articles charged in account No. 31, 1 13 6

Cash paid Bernard Dougherty 0 15 0

An overcharge in a riffle bought of William Peeble, 0 10 0

A charge of Abraham Cable, Esq. in additional account No. 2, 3 7 4

Repairing arms, charged in Colonel Irwin's account, per vouchers No. 7 and 8, 9 2 5

Occasional expences which he paid for his company, on their march from Bedford to Boston 9 7 9

Equal to 82 82/90 dollars, £31 1 10

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,

1 “As the State of New York has not been represented in Congress for several weeks past, Mr. P. Livingston with myself being their only Delegates at present here, we are requested by Congress to apply to you, sirs, for a full representation; therefore hope you will speedily send us one other member that we may be enabled to give our vote for that State which we have been sent here to represent.” Lewis and Livingston to New York Convention , 26 October, 1776.

Adjourned to 10 o'Clock on Monday.

MONDAY, OCTOBER 28, 1776

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

2 This letter is in the Papers of the Continental Congress , No. 159, folio 256.

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.

0052 906

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

1 The letter from the New York Convention is in the Papers of the Continental Congress , No. 67, I, folio 340.

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.

TUESDAY, OCTOBER 29, 1776

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.∥

0054 908

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,

0055 909

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

1 Printed in the Pennsylvania Evening Post , 6 November, 1776.

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.

WEDNESDAY, OCTOBER 30, 1776

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:

0056 910

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

1 This letter is in the Papers of the Continental Congress , No. 68, folio 227.

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.

0057 911

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

1 Mr. Duché's letter is in the Papers of the Continental Congress , No. 78, VII, folio 75.

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:

0058 912

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