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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
A letter, of 1, from Mr. Matthew Clarkson, auditor of accounts in the main army, was read, informing, "that when he was appointed to that office he was possessed of the commission of marshal of the court of admiralty for the State of Pennsylvania, which he still holds," and representing, "that his duty in that office now claims his attention, and that, therefore, he is constrained to tender a resignation of his office as auditor;" and begging "Congress will be pleased to accept it:" Whereupon,
Resolved, That his resignation be accepted.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, V, folio 185.]
The Board of War, to whom the petition of Captain Stoddard, of the 2d regiment of light dragoons, was referred, having made report, the same was read,
Ordered, To lie on the table.
A motion was made to amend the journal of yesterday, by inserting the names of the members of Congress who introduced the Minister; Whereupon, a question was moved whether, as the journal has been read, and other matters entered upon, such a motion was in order, unless by general consent.
Question put,
Resolved, That the motion to amend is not now in order.
The committee to whom was referred the letter of General Heath, to the Board of Treasury dated November 27, 1777, report,
That they have carefully examined the files and journals of Congress, so far as they respect the defence of the State of Rhode Island and Providence Plantations, and the rise of the expedition against the island of Rhode Island, and find: that at a meeting of the committees appointed
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by the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, and Connecticut, convened at Providence, on the 25th day of December, 1776, it was among other things resolved, "That it is the opinion of this committee, that while so large a body of the enemy is in possession of Rhode Island, it is necessary to keep 6,000 men in the State of Rhode Island to oppose them." That the proceedings of the said committees were laid before Congress, who upon the 15 day of February, 1777, resolved, "That, considering the situation of the New England states, Congress approve of the measures adopted and recommended by the committees from the four New England states, for the defence of the State of Rhode Island."
That, on the 16th day of April, 1777, Congress resolved, "That it be recommended to the general assembly of the State of Rhode Island and Providence Plantations to collect, with the utmost despatch, the whole force thereof, and therewith, aided by such parts of the militia of Massachusetts Bay, and Connecticut as are contiguous to the said State, to attack and destroy the enemy on the island of Rhode Island aforesaid: Resolved, That it be, and hereby it is recommended to the states of Massachusetts Bay and Connecticut, to give every assistance in their power, by calling out the militia of their respective towns which lie next to the State of Rhode Island, and to promote and execute this important service: that General Washington be directed to appoint such general officers as he shall judge proper to carry the foregoing resolutions into effect. Ordered, That a copy of the foregoing resolution be sent by express to General Washington, and the three New England states."
That at a meeting of committees from the states of New Hampshire, Massachusetts Bay, Connecticut, Rhode
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Island, and New York, held at Springfield, 30 July, 1777, it was among other things resolved, "that the State of Rhode Island be requested to fill up their two batallions as soon as may be, for the defence of that State; that the State of Massachusetts Bay be desired to hasten on the two batallions they have ordered for that purpose; that the State of Connecticut be desired to raise and equip one batallion of 728 men, with all speed, and direct them to the above service; and that the State of New Hampshire be desired to raise and equip 300 men, with all speed, and direct them to the above purpose." That on the 21 August, 1777, Congress resolved, "That fire-ships should be prepared to attack and destroy the British ships in the rivers and bays of the State of Rhode Island: That General Spencer be made acquainted with the foregoing resolve, and that he be instructed, as far as possible, to favour the said designs by such attacks or feints as he may judge proper, with the troops and boats under his command." That on the 13th day of January, 1778, Congress resolved, "That it be earnestly recommended to the states of New Hampshire, Massachusetts Bay, Rhode Island, and Connecticut, immediately to furnish and keep up constantly in the State of Rhode Island and Providence Plantations, for the defence of the said State, their several quotas of troops as adjusted by the resolution of a committee from the said states and the State of New York, which met at Springfield, the 30th day of July last." That Congress, on the 14 January, 1778, resolved, "That Ebenezer Hancock, Esqr. deputy pay master general of the eastern district, be directed, forthwith, to appoint an assistant pay master, constantly to attend and pay the army stationed in or near Providence, for the defence of the State of Rhode Island and Providence Plantations, applying to
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Congress, from time to time, for the necessary supplies of money for the same; and that the commanding officer in the said State be fully empowered to draw on the said assistant pay master for the necessary supplies of the army aforesaid." That on the 17th of July, 1777, Congress resolved, "That General Spencer be informed, in answer to his letter of the 20th May, that Congress confirm the appointment made by him of William Peck, Esq. deputy adjutant general to the militia and state troops of Rhode Island, kept in continental pay; that for money to pay the said troops he is to make application to Ebenezer Hancock, Esq. at Boston, deputy pay master general to the troops in the eastern department; and that as the quarter master general has the appointment of all his deputies, application is to be made to him for the appointment of a deputy quarter master general:" Whereupon,
Resolved, That the expence of the late intended expedition against the island of Rhode Island be borne by the continent.1
[Note 1: 1 This report, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 19, III, folio 115.]
The letter of the 4th2 signed "by order of the board Tim. Pickering" was called for and read. Whereupon it was prayed that leave be given to withdraw the motion made on the said letter on Wednesday last, which was given, and the same withdrawn accordingly: And a resolution was moved in the words following:
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 147, II, folio 163. It is endorsed by Laurens: "Read and debated the same day [6th?]; postponed 7th for 8th.]
"That it is the duty of the Board of War implicitly to obey and execute every order or direction of Congress agreeable to the terms of such order or direction, and that any neglect or delay in executing any order of Congress and every excuse for disobedience and any evasion to execute such order is a breach of duty and derogatory to
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the authority, honor and dignity of Congress. That the letter of the 4 instant signed, "By order of the board Tim. Pickering" cannot be considered the act of the Board of War, because the resolve of Congress of the 21 day of April requires that not less than three persons be present to constitute a Board of War: That T. Pickering, Esq. by writing the said letter, and Richard Peters, Esq., by assenting thereto, were guilty of a high insult to this house; That by requesting Congress to excuse them from an immediate execution of their order to arrest and safely keep Colonel B. Flower, they were guilty of a breach of duty; That by requesting Congress that a military arrest should be the only restraint on the person of Colonel B. Flower, they were guilty of a disobedience to the Authority of Congress; That their offering reasons to prove the innocence of Colonel Flower was insolent and affrontive; That by expressing their extreme pain and reluctance to carry the resolve of Congress to arrest and safely keep Colonel Flower, they were guilty of a disobedience to the power and authority of Congress, and that their conduct was insolent and affrontive to the honor and dignity of Congress." This resolution, in the writing of Samuel Chase, is in the Papers of the Continental Congress, No. 36, IV, folio 271. The amendment, in the writing of Francis Dana, is in No. 78, XVIII, folio 197.
An amendment was moved in lieu of the whole, in the words following:
Ordered, That Timothy Pickering and Richard Peters Esquires, commissioners of the Board of War, be forthwith directed to attend at the bar of this house, to answer such questions as may be put to them severally, touching an Order of this house of the 3d instant requiring the Board of War to arrest and safely keep Colonel Flower, and also touching a letter dated the 4th instant, signed
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"By order of the board Tim. Pickering," and directed to the president of the house.
After debate,
A motion was made, that the farther consideration of the letter, and several resolutions moved, be postponed till to morrow.
The yeas and nays being required, by Mr. [Henry] Marchant:
{table}
So it was resolved in the affirmative.
A petition from George Spangler, was read:
Ordered, To lie on the table.
Ordered, That Mr. [Daniel] Roberdeau have leave of absence.
Ordered, That Mr. [Francis] Dana have leave of absence.
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The committee to whom was referred the memorial of Colonel Knoblauch, brought in a report, which was read:
Ordered, To lie on the table.
Adjourned to 9 o'Clock to Morrow.
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