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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --FRIDAY, MAY 10, 1776
A letter of the 7, from General Washington, and
A letter of the 3, from Thomas Cushing, Esqr. being received, and read:1
[Note 1: 1 The letter of Washington is in thePapers of the Continental Congress, No. 152, I, folio 663. That of Cushing is in No. 66, I, folio 79.]
Resolved, That they be referred to the committee on the state of the eastern colonies.
A letter from Monsieur Docaisor of the 6 of April, being laid before Congress and read:
Resolved, That it be referred to the Secret Committee.
The committee to whom were referred the consideration of the letter from General Washington, of the 5th, and the papers enclosed, brought in their report, which was read and agreed to: Whereupon,
Resolved, That a copy of the resolutions passed the first day of April last, establishing the mode of settling the public accounts, be transmitted to the General:
That the resolution of Congress, of the 17th of January last, allowing ten shillings=one dollar and one third of a dollar to the officers, in lieu of expences for inlisting each soldier, being a general regulation, extends to the troops raised in the eastern department; and that the general be directed to make that allowance for all the troops inlisted since the time of passing the said resolution:
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That, as the road recommended by General Washington to be opened between the town of Newbury, on Connecticut river, and the colony of Canada, will facilitate the march and return of the troops employed in that quarter, and promote the public service, the General be directed to prosecute the plan he has formed, respecting the said road:
That ten tons of gun powder be sent to New York:
That 400,000 dollars be sent to the pay master general for the use of the army in New York and the Massachusetts bay:
That the commanding officers in the different departments and posts, shall make monthly returns to the commander in chief of the continental army, of the number and state of the troops, and the military stores in their respective departments:
That this Congress has hitherto exercised, and ought to retain the power of promoting the officers in the continental service according to their merit; and that no promotion or succession shall take place upon any vacancy, without the authority of a continental Commission.
The Congress then resumed the consideration of the report from the committee of the whole, which being read was agreed to as follows:
Resolved, That it be recommended to the respective assemblies and conventions of the United Colonies, where no government sufficient to the exigencies of their affairs have been hitherto established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.
Resolved, That a committee of three be appointed to prepare a preamble to the foregoing resolution:
The members chosen, Mr. J[ohn] Adams, Mr. [Edward] Rutledge, and Mr. R[ichard] H[enry] Lee.
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Resolved, That the Secret Committee be directed to sell to Colonel David Potter, and Captain Daniel Maskell, 200 lbs. of powder, and 1,000 lbs. of lead for the use of the inhabitants of Bridge town, Cumberland county, in New Jersey.
The committee to whom were referred General Washington's letter of the 25 and 26 of April, the case of Alexander Ross, and the letter from General Lee, brought in their report, which was read. Also,
The Committee to whom was referr'd General Washington's Letter of the 25th and 26th of April, the case of Mr. Ross, and the Letter from Genl. Lee, have had the same under Consideration, and beg Leave to report as their Opinion:
R. 13.1Resolved, that all Vessels which sailed from the Port or Harbour of Boston whilst the Town of Boston was in Bossession of the Enemy, having on board Effects belonging to the Enemies of American Liberty, be liable (together with the said Effects) to seizure and confiscation. And that if any of the said Vessels have been already taken they, together with their said Cargo, be decreed forfeited and be confiscated in the same Manner and in the same Proportions as have been heretofore resolved by Congress.
[Note 1: 1 These figures correspond to those used in the Jefferson report, printed June 17, p, 453,post.]
R. 14. That it is essential to the Interest of these Colonies, that the Continental Agent in the respective Provinces where no Courtsof Admiralty have been established for the Trial of Captures, have Power and be directed to dispose at Public Sale of such Articles, being of a perishable Nature, as shall be taken from the Enemies of America, and that the Money to arise from such Sale be liable to the Decree of the Court, when the said Court shall be established.
That the Inventory of the Ordinance Stores taken by Captain Manly be sent down to Genl Washington, and that he be requested to appoint a Person on the part of the Colonies to join one on the part of Captain Manly and his Crew, who shall, having first taken an Oath for that Purpose, proceed to Value the sd Stores so taken, and that if they cannot agree as to the Value, they call in a third person to determine the case, that the Report of such person be made to Congress, so
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soon as may be, and that the Value of the Shares that shall appear to belong to Captain Manly and his Crew be transmitted them.
W. 11. That the Pay of such of the Soldiers at New York as have been enlisted at 5 Dollars per month be raised to Six Ds. & 2/3 d.and that such of the troops from the N. England Colonies as shall re-enlist during the War, or for the Term of 3 Yrs, be furnished at the Continental Expence with the following Articles, vizt:
That it is highly inexpedient to order any more Troops from the Colony of New York. That the Difficulty and uncertainty of procuring Fire Arms render it improper to raise any more Regiments at present, but
W. 13a. That the Commander in Chief for the time being in the N. York Department have Permission and be directed to call to the Assistance of that Colony (when Necessity shall require it,) such of the Militia of that and the Neighbouring Colonies of Connecticut and N. Jersey as shall be sufficient for the Purpose intended,
W. 13b. That Letters be wrote to the Conventions of New Jersey N. York and the Assembly of Connecticut, to afford such Assistance to the Commandg Officer in the N. York Department as he shall apply for.
R. 6b. That two of the Companies of the Force now inthis Colony the Delaware Govt. be ordered to Cape May.
G. 6. That Dr. Potts be taken into the Pay of the Continent and be employed in the Canada Department or at Lake George as the GenlSchuyler shall think fit. But that this Recommendation be not considered so as to supersede Dr. Stringer. That the Pay of Dr. Potts beDollars per Mo.
That they have examined Mr. Alexander Ross, and [not] having found any thing in his Conduct which will warrant his Confinement, recommended that he be discharged.1
[Note 1: 1 This paragraph is marked "agreed," and is printed below. The report, in the writing of Edward Rutledge, is in thePapers of the Continental Congress, No. 19, VI, folio 201. Although the product of the special committee appointed April 29, it was embodied in the report of the Committee of Conference.]
The committee appointed to take into consideration the state of the eastern department ∥colonies,∥ brought in their report, which was read.
That a Recommendation be immediately sent to the Colony of Massachusetts to assist the Officers of the five Continental Regiments now in that Colony in compleating their Enlistment, that they endeavour
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to prevail on their People to enlist, and those already enlisted to re-enlist for 3 years, unless sooner discharged, and then to receive a mo. pay; and as an Enducement thereto they allow to the soldiers who shall agree to serve for that term the following Articles: 1 Felt hat, 1 pr. yarn Stockings, 1 pr. Shoes.
That Genl. Washington be desired to send such Genl. Officer as he can spare from the Army at New York to command in the Colony of Massachusetts Bay.
That Genl. Washington be desired to continue Mr. Burbeck the Engineer at Boston, for the Purpose of fortifying that Port and Harbour.1
[Note 1: 1 This report, in the writing of Edward Rutledge, is in thePapers of the Continental Congress, No. 21, folio 19. The first paragraph is printed under May 11, p. 347,post.]
The Congress then resolved itself into a committee of the whole house, to take into their farther consideration the state of the [United] Colonies; and, after some time spent thereon, the president resumed the chair, and Mr. [Benjamin] Harrison reported, that the committee have had under their farther consideration the matter referred to them, but not having yet had time to finish their enquiries, desire leave to sit again.
Resolved, That this Congress will, on Monday next, resolve itself into a committee of the whole, to take into their farther consideration the state of the United Colonies.
Resolved, That the Committee of Secret Correspondence be directed to lay their proceedings before Congress on Monday next, withholding the names of the persons they have employed, or with whom they have corresponded.
The committee appointed to consider the propriety of exchanging seamen, brought in their report, which was agreed to: Whereupon,
Resolved, That Lieutenant Ball, of theRoebuck, and the three seamen that were taken with him, and are now prisoners in the lower counties ∥on Delaware,∥ be exchanged for Captain Budden and his son, Seth Davis, and Samuel Conyers:
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That six of the seamen now prisoners in the city of Philadelphia, to be named by the committee of safety ∥of Pennsylvania,∥ may be given up in exchange for the following persons, viz. Mr. Lightbody, James Hage, -- Fortescue, a pilot boy; William Martin, Jacob Wilson, and John Durry:
That the said exchange of prisoners be conducted by such proper person as the committee of safety of Pensylvania may appoint for that purpose.
The committee, to whom was referred the letter from Mr. Abraham Livingston, offering to cancel the contract he had made with a committee of the convention of New York, for supplying the forces in that colony with provisions, brought in their report, which was taken into consideration; and thereupon,
Resolved, That Mr. Livingston, in voluntarily resigning a contract which might have been so profitable to him, has exhibited an example of public spirit, and the Congress accept the resignation of his contract.
Resolved, That the committee appointed to devise ways and means for retaking Moses Kirkland, be empowered to send an express to the southward, and desire the committees or councils of safety of the southern colonies, to use their utmost endeavours to have him apprehended, and that they offer a reward of one hundred dollars, in addition to the hundred already offered, for apprehending and securing said Kirkland.
Resolved, That it be recommended to the committee of safety of Pensylvania, to examine into the conduct of the gaoler, who had the charge and custody of Moses Kirkland, and if they find him culpable, that they have him removed.
Resolved, That George Morgan, Esqr. Agent under the commissioners for Indian affairs in the middle department,
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be directed to purchase the Indian goods, said to be at Fort Pitt, for the use of the United Colonies.
The Congress took into consideration the report of the committee to whom was referred the case of Alexander Ross; Whereupon,
Resolved, That he be discharged from confinement.
Adjourned to 10 o'Clock to Morrow.
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