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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 --SATURDAY, MARCH 9, 1776
Resolved, That a letter be written to General Washington, directing him to send Captain Conner, of the riffle battalion, to Philadelphia, the Congress having occasion to employ him in the southern department.
The committee appointed to prepare instructions for
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the commissioners going to Canada, brought in a draught which was read:
Ordered, To lie on the table for the perusal and consideration of the members.
A petition of Mr. Stephen Decatur, Master of the SchoonerL'Esperance of the Island of Hispaniola, was presented and read, whereupon
Resolved, That the said Mr. Stephen Decatur be permitted to load the SchoonerL'esperance of Hispaniola with the produce of these colonies (horned cattle, sheep, hogs, poultry and lumber for making casks excepted) and export the same to the island of Hispaniola and that the said Stephen Decatur do take every possible precaution to avoid all British men of war and cutters on his voyage and use his utmost endeavours to import into these colonies the powder and arms mentioned in his Memorial and proposed to be imported by him.
A petition from John Babtisto Hugonene, Master of the Tartar theMarc Anthony was presented and read and the same being taken into consideration
Resolved, That John Babtisto Hugonene, Master of the tartar theMarc Anthony be permitted to load the said vessel in which he imported a small quantity of ammunition, with the produce of these colonies (horned cattle, sheep, hogs, poultry and lumber for making casks excepted) and export the same to the island of Martinique and as the said vessel is not sufficient to carry the amount of the cargo by him imported, that he be permitted to purchase and load another vessel with produce under the exceptions before expressed and export the same to said island of Martinico and that the said John Babtisto Hugonene and the master of the vessel which he shall purchase do take every possible precaution to avoid all British Ships of war and cutters on their voyage, and that
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he use his utmost endearours to import into these colonies the powder and arms mentioned in his memorial and proposed to be imported by him.
Resolved, That a committee of five be appointed to take into consideration the state of the colonies in the southern department:
The members chosen, Mr. [Thomas] Johnson, Mr. [John] Jay, Mr. S[amuel] Adams, Mr. [Jonathan Dickinson] Sergeant, and Mr. [Roger] Sherman.
Resolved, That the following gentlemen be appointed and authorized to sign and number the bills of credit of four millions of dollars, now emitting, viz:
Samuel Morris, John Kaighn, Nicholas Garrison, Joseph Watkins, Anthony Morris, Frederick Kuhl, Matthew Clarkson, John Ord, William Webb, Isaac Hazlehurst, Thomas Morris, Mordecai Lewis, Cornelius Barnes, Jonathan B. Smith, Robert Tuckniss, Thomas Coombe, Daniel Clymer, George Campbell, Joseph Parker, Robert Evans, Adam Hubley, Joel Evans, John Mease, John Purviance, Robert Hazlehurst, Walter Shee, Joseph Redman, Phineas Bond, William Masters, John Salter, John Howard, Thomas Leech, Thomas Smith, Philip Kinsey, Robert Roberts, Isaac Howell, James Milligan, Tench Tilghman, David Duncan, Joseph Bullock, John Shaw, Jun. James Johnston, Benjamin Brannan, Samuel Sellers, Isaac Pearson, John Sellers, Benjamin Jacobs, Israel Wheelen, Josiah Hewes, Andrew Tybout, George Douglas, Peter Stretch, Samuel C. Morris, Samuel Hillegas, Nathan Sellers, George Gray, Jun. James Ash, Samuel Massey, John Williams, and William Coates.
Resolved, That before the signers enter upon their office, they shall respectively take an oath or affirmation before any magistrate, which shall be filed with the committee of the treasury, to the following effect; that they
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shall well and truly sign and number all the bills to be delivered to them by the inspectors of the press appointed by the Congress, and the same so signed and numbered, shall deliver, or cause to be delivered, to the continental treasurers, or one of them.
And, for avoiding the danger of losses from fire, robbery, or negligence,
Resolved, That the inspectors of the press shall not deliver to any class of signers more than two deliveries of two hundred sheets each, to be in their hands at any one time.
Resolved, That no oath by way of test be imposed upon, exacted, or required of any of the inhabitants of these colonies, by any military officers.1
[Note 1: 1 This resolve was framed, debated and passed in consequence of a letter of General Charles Lee, dated March 5, received and debated this day. The resolution was printed in thePennsylvania Gazette, 13 March, 1776.
"General Lee informed Congress, by letter, that he had imposed a Test upon the inhabitants of our Colony, in order to ascertain their political principles. However salutary such a measure might be, when grounded on a legal and constitutional basis, we were much alarmed that it should owe its authority to any military officer, however distinguished for his zeal, his rank, his accomplishments, and services. We considered it as one of the most solemn and important acts of legislation, and a high encroachment upon your rights as the Representatives of a free people. We could not, therefore, be silent upon so momentous a point, though we were not favoured with your sentiments or instructions, nor informed of what, or whether anything had passed between you and the General respecting the disaffected inhabitants. We took up the subject on general principles. There can be no liberty where the military is not subordinate to the civil power in everything not immediately connected with their operations. Your House, the natural and proper tribunal for all civil matters within the circle of your own jurisdiction, was assembled, and Congress itself within the General's reach, ready to enforce every reasonable proposition for the publick safety. To one or other he ought to have applied. A similar effort in Rhode Island had passed over unnoticed; reiterated precedents must become dangerous; we therefore conceived it to be our unquestionable duty to assert the independence and superiority of the civil power, and to call the attention of Congress to this unwarrantable invasion of its rights by one of their officers. A resolution passed in consequence, on the 8th [9th] of March, that no oath, by way of test, be imposed upon, exacted, or required of any inhabitant of these Colonies by any military officer; and it was ordered to be immediately published. We flatter ourselves that our conduct on this occasion will meet with your approbation."New York Delegates to the New York Committee of Safety, 1 March, 1776. Force,American Archives, Fourth Series, V, 1392.]
Ordered, That the above be published.
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Resolved, That the Secret Committee be directed to deliver one ton of powder to the delegates of Maryland, for the public service in that colony.
The order of the day renewed.
∥The several matters to this day referred, being postponed,∥
Adjourned to 10 o'Clock on Monday next.
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