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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875


Item 1290 of 1380
Journals of the Continental Congress --MONDAY, MARCH 2, 1778
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Journals of the Continental Congress, 1774-1789
MONDAY, MARCH 2, 1778

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A letter, of the 28 February, from Richard R. Wilford, aid-de-camp of Lieutenant General Burgoyne, enclosing a list of officers who were exchanged by General Gates at Albany, and for whom General Burgoyne requires passports, was read:2

[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, XXIII, folio 461.]

Ordered, That the said letter with the list be referred to the Board of War.

A letter, of the first, was read from R. R. Wilford,3 enclosing another letter from Lieutenant General Burgoyne, in which he observes, that "altho' he informed the President that the contents of the enclosed letter was dependent upon the resolutions the Congress might come to with regard to the first letter delivered, yet as this only concerns Lieutenant General Burgoyne and his family, he conceives it may not be improper to lay it before Congress now, as the Congress will consider them, either together or separately, as they see just, and it will also serve to prevent any delays that may arise by his keeping

[Note 3: 3 This letter is in the Papers of the Continental Congress, No. 57, folio 183.]


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this back, until their determination with respect to the other is known:"

The letter enclosed from Lieutenant General Burgoyne, dated Cambridge, February 11, 1778, and directed as the other of the same date, was read:1

[Note 1: 1 Two letters of this date from Burgoyne are in the Papers of the Continental Congress, No. 57, folios 177 and 207.]

Ordered, That this letter be referred to the committee on the former letter from General Burgoyne.

A letter, of the 25 February, from the committee at camp, was read, proposing a new arrangement of the quarter master's department, and recommending proper persons to execute the business of the said department:2

[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 33, folio 197.]

Congress taking into consideration the arrangement proposed by the committee,

Resolved, That the same be adopted, instead of that agreed on the 5 day of February, and that there be one quarter master general, and two assistant quarter masters general:

That these three be allowed, for their trouble and expence, one per cent. upon the monies issued in the department, to be divided as they shall agree, and including an addition to the pay of the waggon master general and his deputy:

That Major General Greene be appointed quarter master general:

That John Cox and Charles Pettit, Esqrs. be appointed assistant quarter masters general:

That the forage masters, waggon masters, and other officers in the department, be in the appointment of the quarter master general, who is to be responsible for their conduct.

Resolved, That Major General Greene retain his rank of major general in the army.


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Resolved, That Major General Mifflin, late quarter master general, be directed to make out immediately and transmit to Congress and to Major General Greene, quarter master general, a state of the preparations for the next campaign in the quarter master general's department, specifying what articles are in readiness, where deposited, where engaged and in what quantities; and that he deliver or cause the same to be delivered to Major General Greene, Q. M. G., or his order.

Whereas, Dr. Parke and [] Morton, both of the city of Philadelphia, the former son-in-law and the latter step-son of James Pemberton, have presumed to undertake a journey from Philadelphia to Winchester, without calling at head quarters, or obtaining permission from any lawful authority:

Resolved, That the Board of War be directed to cause the said Parke and Morton to be apprehended and confined in prison till farther orders.

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

Ordered, That a warrant issue on the treasurer in favour of William Mountjoy, pay master to the 3d Virginia regiment, for 6,500 dollars, in discharge of the order of William Palfrey, Esqr. pay master general, on the President of Congress, in favour of the said Mountjoy, for that sum, dated camp, 23 February; the said pay master general to be accountable.1

[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 117.]

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

That there is due to the Colonel Kermovan, for 1,308 rations, the sum of 102 54/90 dollars:2

[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, II, folio 115.]

Ordered, That the said account be paid.


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Resolved, That Major General Crates be requested to lodge among the papers of Congress, in the secretary's office, the original letter of General Burgoyne to him, dated "Public house, at Cambridge, November 14, 1777."

The Board of War, to whom the petition and remonstrance from the justices and field officers of the county of Northampton, in Virginia, in behalf of themselves and the inhabitants of the said county, was referred, report,

"That the circumstances attending the counties of Accomac and Northampton, in the State of Virginia, are such as to render them peculiarly subject to the depredations of the enemy, and that there being also therein a large quantity of continental property, imported from foreign parts, and no guards regularly established for the protection thereof until removal, it is expedient, that the men raised by draft or otherwise, in the said counties, as part of the Virginia quota of troops, be ordered to remain in the said counties, subject to the order of Governor Henry and the council of Virginia, who are requested to embody them under proper officers who will attend to their government and discipline, and employ them in protecting the property of the United States, or in other military services until the farther order of Congress or the Board of War; and that the memorial of sundry inhabitants of the said counties, on the subject of these drafts, be sent to Governor Henry, to be laid before the assembly of that State for their consideration, and that they be requested to take measures for the safeguard and protection of the said counties in case the said drafts shall be ordered to join the army."1

[Note 1: 1 This report, dated February 28, and in the writing of Richard Peters, is in the Papers of the Continental Congress, No. 147, I, folio 537.]

Resolved, That Congress agree to the foregoing report.

The committee to whom were referred the letters from


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General Heath, brought in a report, which was read; Whereupon,

Resolved, That the president write to General Heath, and inform him that it was by no means the intention of Congress that General Burgoyne should be prevented from communicating to Lord Howe, or the commanding officer of the British ships in the harbour of Newport, the intelligence of the act of Congress detaining the troops of the convention of Saratoga, until it shall be ratified by the court of Great Britain:

That General Heath be directed to permit Lieutenant Colonel Anstruther, of the 62 British regiment, and Lord Napier, lieutenant of the 31 regiment to go on his parole to Rhode Island, in order to negotiate an exchange for himself; provided, that if Colonel Ethan Allen shall not have been exchanged for Lieutenant Colonel Campbell, no exchange but Colonel Ethan Allen shall be accepted for Colonel Anstruther.1

[Note 1: 1 This report, in the writing of Oliver Wolcott, is in the Papers of the Continental Congress, No. 19, III, folio 113.]

Whereas, it is essential to the operations of the army during the next campaign, that the most vigorous measures should forthwith be adopted for forming a body of horse, upon such principles as are most likely to advance the public interest and the honor of the officers and men who compose the same; and whereas, in times of public danger, when the lives, liberties, and property of a free people are threatened by a foreign and barbarous enemy, it is the duty of those, who enjoy in a peculiar degree the gifts of fortune, and of a cultivated understanding, to stand forth in a disinterested manner in defence of their country, and by a laudable example to rouse and animate their countrymen to deeds worthy of their brave ancestors, and of the sacred cause of freedom:


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Resolved, That it be earnestly recommended to the young gentlemen of property and spirit, in the states of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Delaware, Maryland, Virginia and North Carolina, forthwith to constitute, within theft respective states, a troop or troops of light cavalry, to serve at their own expence (except in the article of provisions for themselves and forage for their horses,) until the 31 December next:

That each troop, so to be raised, consist of not less than twenty, nor more than 60 rank and file; that they have a right to choose their own officers, who shall receive continental commissions; and that they rendezvous at the main army on the first day of May next, or at an earlier period if possible:

That, in order to excite a proper spirit of emulation in these troops, and to give them an opportunity of appropriating that fame which their respective merits may entitle them to, during the campaign, each troop shall bear the name of the State in which it is raised:

That these troops, when raised, shall not serve as expresses, except in time of action, nor as escorts to the persons of any general, except that of the commander of the army with whom they serve, unless with their own choice:

That Whenever any Vacancies shall happen in any of the Battalions of Horse rais'd on the Continental Establishment which cannot be supplied by the Commissioned Officers of such Battalion, where the Vacancy shall happen, the same shall be supplied from one of the Troops above mentioned by such Person, as shall be nominated by the Troop, to whom the Offer of such vacancy shall be given; and to prevent all Suspicion of Partiality in this Respect, the Offer of [the first] Vacant Commission shall be given to the Troops which shall first arrive at the Place of Rendezvous. of the second to the next. and so Progressively.


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Resolved, That it be recommended to the Government of the respective States to Countenance and Encourage this Design That every horse which shall be killed and every horse and accoutrements which shall be taken by the Enemy in action shall be paid for by the United States, the value to be ascertained under the direction of the Commander in chief, and that all booty taken from the Enemy shall belong to the troop by whom it shall be taken in equal share and divided and that the Board of War transmit to them forthwith Copies of the foregoing Resolutions, together with a descriptive List of the Accoutrements necessary for Man, and Horse.

That every horse which shall be killed, and every horse and all arms and accoutrements, which shall be taken by the enemy in action, shall be paid for by the United States; the value to be ascertained under the direction of the Commander in Chief; and all booty taken from the enemy shall belong to the troop by whom it shall be taken.

The Proposer of this Plan can assure Congress from his own Knowledge that the State of Pensilvania, and one or two other States will immediately adopt it and from the Spirit of Emulation, which the different States have always shewn in Matters that tended to bring their Public Spirit to a Test, there is no Room to doubt but it will meet with general Success.

Feby 20th, 1777. [1778?]

P. S. Should Congress adopt this Plan the sooner it is published in the Papers the better, as Numbers of Young Men of Spirit will immediately set about Equipping themselves in the different States.1

[Note 1: 1 This report, in the writing of William Duer, is in the Papers of the Continental Congress, No. 60, folio 363. On folio 365, in the same writing, is an essay on "An expeditious and cheap mode for forming a body of light cavalry for the service of the next campaign."]

Resolved, That it be recommended to the governments of the respective states to countenance and encourage this design; and that the Board of War transmit to them forthwith, copies of the foregoing resolutions, together with a descriptive list of the accoutrements necessary for man and horse.


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The committee to whom the letter from Lieutenant General Burgoyne to the president of Congress, dated the 11 February, with the papers enclosed, was referred, report,

"That they have carefully perused and duly considered the letter and papers, and are of opinion that nothing therein contained, is sufficient to induce Congress to recede from their resolves of the 8th day of January last, respecting the convention of Saratoga:" Whereupon,

Resolved, That Congress agree to the said report.

That they have taken into particular consideration the new Proposition that the Officers of the Army under General Burgoyne should join their Signature to his for a further Pledge of Faith; and, without calling the Honor of the said General or his Officers in Question, your committee are of Opinion that the present Situation of Himself and his Officers operates so strongly against a Reliance upon the Proposition made, that congress cannot safely close with it; especially considering the Light in which the court of Great Britain affects to view the good People of the United States of America.1

[Note 1: 1 This report, in the writing of James Lovell, is in the Papers of the Continental Congress, No. 19, I, folio 447.]

The committee to whom the letters from General Heath were referred, brought in a report; Whereupon,

Resolved, That the president write to General Heath, and inform him that it was by no means the intention of Congress that General Burgoyne should be prevented from comminuting to Lord Howe or the commanding officer of the British ships in the harbour of Newport the intelligence

The committee to whom were referred the letters and papers from the Board of War, respecting the northern department, brought in a report, which was taken into consideration, and thereupon Congress came to the following resolution:

Whereas it appears from authentic accounts that difficulties


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attend the prosecution of the irruption ordered to be made into Canada under the conduct of the Marquis de la Fayette, which render the attempt not only hazardous in a high degree but extremely imprudent;

Resolved, That the Board of War instruct the Marquis de la Fayette to suspend for the present the intended irruption, and at the same time, inform him that Congress entertain a high sense of his prudence, activity and zeal, and that they are fully persuaded nothing has, or would have been wanting on his part, or on the part of the officers who accompanied him, to give the expedition the utmost possible effect.

Ordered, That a warrant issue on the treasurer in favour of Mr. Joseph Nourse, pay master of the Board of War and Ordnance, for 500,000 dollars, to be by him transmitted to Jonathan Trumbull, Jun. deputy pay master general, for the use of his department, he to be accountable.

Ordered, That the letters and papers aforesaid ∥respecting the northern department,∥ be referred back to the Board of War, who are directed to order such disposition of the troops in the northern department as they judge most effectual to secure the important passes on Hudson's river, and the posts and countries to the northward.

Adjourned to 10 o'Clock to Morrow.

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