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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 --TUESDAY, JANUARY 2, 1776
The Committee of claims reported, that there is due,
To James Chambers the sum of 25.8 dollars for his expences from Cambridge.
To Judah Alden 50 dollars, advanced on Account of expences in attending the French gentlemen.1
[Note 1: 1 Penet and de Pliarne.]
Ordered, That the above be paid.
Resolved, That General Schuyler be directed to have Brigadier General Prescot, lately made prisoner by the continental forces in Canada, taken into custody, and him safely and securely kept until the further orders of this Congress.
Resolved, That a copy of the above be sent immediately to General Schuyler, and that the general be informed by letter of the reasons which induced the Congress to give such orders.
The Committee of claims reported, that there is due to Egbert Dumond's account of expences in bringing the prisoners, taken at St. John's, from Kingston, in New York government, to Lancaster, in Pensylvania, and are of opinion that there is due to Egbert Dumond the sum of £872.6.8 Pensylvania currency being 2,326.2 dollars.
Ordered, That the same be paid.
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The Congress took into consideration the report of the Committee on the petition of Captains Paddock and Coffin, and after debate,
Resolved, That the prayer of said petition be not granted.1
[Note 1: 1 SeeJournals, II, 445, 463.]
The committee on the state of New York brought in their report, which was read.
The report of Captain Motte, with regard to the disposition of the officers taken prisoners at St. John's, was laid before Congress, and read.
The Committee, to whom the Report on Lord Stirling's letters was recommitted, brought in their report, which being taken into consideration, ∥the Congress thereupon came to the following resolutions:∥ was agreed to as follows:
Resolved, That the president acquaint his lordship, that the Congress has provided against the inconvenience of vexatious arrests of the men inlisting in the continental service.
Resolved, That the barracks in the colony of New Jersey be prepared for the reception of such of the batallions as may not be in readiness to proceed to New York, and that the ministerial troops or prisoners at present occupying them, be accommodated in the said colony, in such manner, as the committee of safety for said colony, shall think most prudent and convenient.
That Mr. Lowry, the commissary, be directed to supply the said batallions with stockings, and that the delegates for the colony of New Jersey, transmit to Lord Stirling six dozen printed copies of the articles of war.
That considering not only the defenceless condition of the colony of New Jersey, for want of Ammunition in
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case of an hostile invasion of that Colony, but the evident want of the assistance of those batallions for the defence of New York, where an attack of the enemy is most probably to be apprehended, a requisition be made by the Congress to the committee of safety of Pensylvania, of four hundred weight of powder for the said batallions.
That the same fire wood, camp equipage, and barrack utensils be allowed to each of the New Jersey battalions as are allowed to the batallion raised in Pensylvania.
That the hundred stand of arms supplied by the colony of New York for the New Jersey batallions, be paid for by the convention of New Jersey; and that in order to enable the said convention to make such payment, as well as to furnish such of the men belonging to the said batallions, as are yet unprovided with arms, the farther sum of 1,000 dollars be advanced to the said convention; and that the price of the arms be deducted out of the wages of the privates belonging to the said batallions.
That Lord Stirling be directed to seize and secure all the ammunition and warlike stores belonging to the enemy, which now are or hereafter may be imported into the colony of New Jersey, and keep them till he shall receive the orders of Congress respecting them: And further, that he do, from time to time, give aid and protection to all the friends of America, who may be employed in importing into the said colony, ammunition, or other commodities not prohibited by the association and resolves of this Congress.
Whereas it has been represented to this Congress, that divers honest and well-meaning, but uninformed people in these colonies, have, by the art and address of ministerial agents, been deceived and drawn into erroneous opinions respecting the American cause, and the probable issue of the present contest:
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Resolved, That it be recommended to the different committees, and other friends to American liberty, in the said colonies, to treat all such persons with kindness and attention; to consider them as the inhabitants of a country determined to be free, and to view their errors as proceeding rather from want of information than want of virtue or public spirit; to explain to them the origin, nature and extent of the present controversy; to acquaint them with the fate of the numerous petitions presented to his Majesty, as well by assemblies as Congresses, for reconciliation and redress of grievances: and that the last from this Congress, humbly requesting the single favour of being heard, like all the others, has proved unsuccessful; to unfold to them the various arts of administration to ensnare and enslave us, and the manner in which we have been cruelly driven to defend, by arms, those very rights, liberties and estates, which we and our forefathers had so long enjoyed unmolested in the reigns of his present Majesty's predecessors. And it is hereby recommended to all conventions and assemblies in these colonies, liberally to distribute among the people, the proceedings of this and the former Congress, the late speeches of the great patriots in both houses of parliament relative to American grievances, and such other pamphlets and papers as tend to elucidate the merits of the American cause, the Congress being fully persuaded that the more our right to the enjoyment of our ancient liberties and privileges is examined, the more just and necessary our present opposition to ministerial tyranny will appear.
And, with respect to all such unworthy Americans, as, regardless of their duty to their Creator, their country and their posterity, have taken part with our oppressors, and, influenced by the hope or possession of ignominious rewards, strive to recommend themselves to the bounty
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of administration, by misrepresenting and traducing the conduct and principles of the friends of American liberty, and opposing every measure formed for its preservation and security,
Resolved, That it be recommended to the different Assemblies, conventions and committees or councils of safety in the United Colonies, by the most speedy and effectual measures, to frustrate the mischievous machinations, and restrain the wicked practices of these men: And it is the opinion of this Congress, that they ought to be disarmed, and the more dangerous among them, either kept in safe custody, or bound with sufficient sureties to their good behaviour.
And, in order that the said assemblies, conventions, committees or councils of safety, may be enabled, with greater ease and facility to carry this resolution into execution,
Resolved, That they be authorized to call to their aid, whatever continental troops, stationed in or near their respective colonies, may be conveniently spared from their more immediate duty; and the commanding officers of such troops, are hereby directed to afford the said Assemblies, conventions, committees or councils of safety, all such assistance in executing this resolution, as they may require, and which, consistent with the good of the service, may be supplied.
Resolved, That all detachments of continental troops, which may be ordered on the business in the foregoing resolution mentioned, be, while so employed, under the direction and controul of the assemblies, conventions, committees or councils of safety aforesaid.
Resolved, That it be recommended to all the United Colonies, to aid each other (on request from their respective
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Assemblies, conventions, committees, or councils of safety and county committees) on every emergency, and to cultivate, cherish and increase the present happy and necessary union, by a continual interchange of mutual good offices.
And whereas the execrable barbarity, with which this unhappy war has been conducted on the part of our enemies, such as burning our defenceless towns and villages, exposing their inhabitants, without regard to sex or age, to all the miseries which loss of property, the rigor of the season, and inhuman devastation can inflict, exciting domestic insurrections and murders, bribing the savages to desolate our frontiers, and casting such of us as the fortune of war has put in their power, into gaols, there to languish in irons and in want, compelling the inhabitants of Boston, in violation of the treaty, to remain confined within the town, exposed to the insolence of the soldiery, and other enormities, at the mention of which decency and humanity will ever blush, may justly provoke the inhabitants of these colonies to retaliate.
Resolved, That it be recommended to them, to continue mindful that humanity ought to distinguish the brave, that cruelty should find no admission among a free people, and to take care that no page in the annals of America be stained by a recital of any action which justice or Christianity may condemn, and to rest assured that whenever retaliation may be necessary or tend to their security, this Congress will undertake the disagreeable task.
Resolved, That the Assemblies, conventions, or committees, or councils of safety, be requested forthwith to transmit to this Congress, copies of all the petitions, memorials, and remonstrances, which have been, by the respective colonies, presented to the throne, or either
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house of parliament, since the year 1762, and that they also inform the Congress, whether any and what answers were given to them.1
[Note 1: 1 These resolutions were printed in thePennsylvania Evening Post, 4 January, 1776, and in thePennsylvania Gazette, 11 January, 1776.]
To Majr.GenlHowe
a Declaration by the Representatives of the United colonies in Congress
When necessity compelled us to take arms against Great Britain in defence of our just rights, we thought it a circumstance ofsome comfort that our enemy was brave and civilized. it is the happiness of modern times that the evils of necessary war are softened by refinement of manners and sentiment, and that an enemy is an object of vengeance in arms and in the field only. it is with pain we hear that mr Allen andeleven others taken with him while fighting bravely in their country's cause, are sent to Britain inirons, to bepunished for pretended treasons; treasonstoo created by one of those very laws whose obligation we deny, and mean to contest by the sword. this questionis will notto be decided by reeking vengeance on a fewbrave men who unfortunately wretched helpless captives, but bysubduing conquering your enemy2in the fields of glory encounters of virtue atchieving success in the fields of war,by and gathering there those laurels which grow for the superior bravealone. in this light we view the object between us; in this line we have hitherto conducted ourselves for it's attainment, to thoseof your who, bearing your arms, have fallen into our hands, we haveextended afforded every comfort for which captivitywill admit and misfortune calledfor.enlargement upon parole has been admitted this they will do us the justice to testify enlargement and comfortable subsistence have been extended toboth officers and men,trusting to the ties of honour and theirbondage restraint is abondage restraint of honour only. should you think proper in these days to revive antientbarbarity of antient ages, barbarism, and again disgrace our nature with the practise of human sacrifice the fortune of war has put into ourhands power subjects for multiplied retaliation. to them, to you, and to the world we declare they
[Note 2: 2 For these words were substituted in the draft "Vanquishing our enemy". but they were also stricken out.]
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shall not be wretched, unless their imprudence or your example shall oblige us to make them so; but we declare also that their lives shallcompel teach our enemies to respect the rights of nations. we have ordered Brigadier General Prescot to be bound in irons, andto be confined in close jail, there to experiencesufferings similar to those corresponding miseries with those which shall be inflicted on mr Allen. his life shall answer for thatlife ofmr. Allen, and the lives of as many others for thosesent with him of the brave men captivated with him. we deplore the event which shall oblige us toretaliate shed blood for blood, and shall resort toit retaliation but as the means of stopping the progress of butchery.this it is a duty we owe to thosewho engaged insupport of our the cause of their country, to assure them that if any unlucky circumstance, baffling the efforts of their bravery, shall put them in the power of their enemies,their lives shall be warranted from sacrifice by the lives of the prisoners in our hands. we will use the pledges in our hands to Warrant their lives from sacrifice.1
[Note 1: 1 The draft of this paper, in the writing of Thomas Jefferson, is in the Jefferson Papers, in the Library of Congress, Fifth Series, X, No. 6. A fair copy, also in the writing of Jefferson, is in thePapers of the Continental Congress, No. 58, folio 251. This latter is endorsed: "Motion of Col. Harrison Jany 2, 1776, postponed."]
Resolved, That Mr. [Josiah] Bartlett be appointed one of the Committee of Claims, in the room of Mr.Cushing [John] Langdon, and Mr. S[amuel] Adams in the room of Mr. [Thomas] Cushing, who have leave of absence.
∥Adjourned to ten o'clock to Morrow.∥
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