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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 --MONDAY, JUNE 17, 1776
A letter of the 7th of May from Brigadier General Armstrong, and a letter of the 6 [of June] from the committee of Albany, were laid before Congress, and read:1
[Note 1: 1 Armstrong's letter is in thePapers of the Continental Congress, No, 162, folio 243.]
The Committee of war and ordnance, to whom the letter of Governor Trumbull of June 10th, was referred, brought in their report, which was taken into consideration: Whereupon,
Resolved, That it be recommended to the governor and assembly of Connecticut, to send the two batallions mentioned in said letter as raised, one for Boston, and one with a view to for New York, into Canada forthwith, as proposed in said letter; and that a batallion of militia be sent to Boston, instead of the one intended for that place:
That blank commissions be sent to Governor Trumbull, for the officers of the batallion raised with a view to for New York; the present exigency requiring this measure, the same not to be drawn into precedent:
That 10,500 dollars be paid into the hands of the delegates of Connecticut, to be sent to that colony, to defray the expence of raising the said regiment:
That Governor Trumbull be informed, that Congress are of opinion, that the provision made by the late act of assembly of Connecticut, for the purpose of engaging one third of the militia on the sea coast, and one fourth in the interior part of that colony, for the defence thereof, and of the neighbouring colonies, will, by no means, answer the object the Congress had in view by their resolution of the
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3d of June; and request, that such steps be taken by the assembly of that colony, as shall seem to them most likely to carry into effect the said requisition.
Resolved, That commissions be granted to the officers appointed by the assembly of Connecticut for the regiment ordered to be raised in that colony, for the service of the continent.
Resolved, That the Secret Committee be directed to sell two tons of gun powder to the convention of New Jersey, for the use of their militia.
The committee appointed to digest and methodize the resolutions entered into by the committee of the whole, having performed that service, brought in their report, which was taken into consideration: Whereupon,
G. 1.1--Resolved, That an experienced general be immediately sent into Canada, with power to appoint a deputy adjutant general, a deputy quarter master general, and such other officers as he shall find necessary for the good of the service, and to fill up vacancies in the army in Canada, and notify the same to Congress for their approbation; G. 2. that he also have power to suspend any officer there, till the pleasure of Congress be known, he giving his reasons for so doing in the orders of suspension, and transmitting to Congress, as soon as possible, the charge against such officer: provided, that this power of suspending officers and filling up vacancies, shall not be continued beyond the first day of October next:
[Note 1: 1 These letters and figures are taken from Jefferson's manuscript report, in thePapers of the Continental Congress, No. 19, VI, folio 181. I believe that G. refers to such paragraphs as were suggested by Gates; C. to those of Congress or its committees; S. to those of Schuyler, and W. to those of Washington.]
That General Washington be directed to send Major General Gates into Canada, to take the command of the forces in that province:2
[Note 2: 2 This paragraph is not in Jefferson's report.]
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G. 3. That no officer suttle or sell to the soldiers, on penalty of being fined one month's pay, and dismissed the service with infamy, on conviction before a court martial:
G. 4. That the baggage of officers and soldiers be regulated conformably to the rules in the British armies:
G. 4b. That all sales of arms, ammunition, cloathing, and accoutrements, made by soldiers, be void:
G. 5. That no troops employed in Canada be disbanded there; that all soldiers in Canada, ordered to be disbanded, or whose times of inlistment being expired, shall refuse to re-inlist, shall be sent, under proper officers, to Ticon-deroga, or such other post on the lakes as the general shall direct, where they shall be mustered, and the arms, accoutrements, blankets, and utensils which they may have belonging to the public, shall be delivered up, and deposited in the public store :1
[Note 1: 1 As laid before the Committee of the Whole this paragraph closed as follows: "after which they shall be disbanded, and permitted to return to their respective homes."]
G. 6.2
[Note 2: 2 This paragraph, relating to the appointment of Dr. Jonathan Potts, is stricken out of the Jefferson report, having been printed under June 6, p. 424,ante.]
G. 7. That a deputy muster master general be immediately sent into Canada:
G. 8. That the local commissaries and quarter masters, appointed at the different garrisons or posts, shall make weekly returns to the general of the provisions and stores in the places at which they may happen to be stationed:
G. 10.3 That the general to be sent into Canada be directed to view Point au fer and to order a fortress to be erected there, if he should think proper.
[Note 3: 3 G. 9 is printed on p. 394,ante.]
C. 1. That the general officers, deputy quarter master general, local commissaries, pay master in Canada, and
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all other persons there, who have received public monies, be ordered, without delay, to render and settle their accounts; on which settlement, no general officer shall receive pay as colonel of a regiment, nor field officer as captain of a company :1
[Note 1: 1 C. 2, 3 and 4 are printed under June 18, p. 463,post.]
S. 1. That General Schuyler be directed to make a good waggon road from Fort Edward to Cheshire's; to clear Wood creek, and to construct a lock at Skenesborough, so as to have a continued navigation for batteaus from Cheshire's into Lake Champlain; to erect a grand magazine at Cheshire's and to secure it by a stockaded fort; to erect a saw mill on Schoon creek; to order skilful persons to survey and take the level of the waters falling into Hudson's river near Fort Edward, and those which fall into Wood creek and interlock with the former, particularly Jones' run and Half way brook, the latter of which is said to discharge itself into Wood creek at Cheshire's; S. 2. that he be directed to have a greater number of boats and hands kept on Hudson's river, at the different stations between Albany and Fort Edward, in order to save the expence of waggonage; S. 3. that he be empowered to appoint proper officers to superintend the carriage by land, and transportation by water, of provisions, military stores, and other things into Canada, that neither waste or delay may arise therein; S. 4. that he build, with all expedition, as many gallies and armed vessels as, in the opinion of himself and the general officer to be sent into Canada, shall be sufficient to make us indisputably masters of the lakes Champlain and George; and that, for this purpose, there be sent to him a master carpenter acquainted with the construction of the gallies used on the Delaware, who shall take with him other carpenters, and models also if requisite; S. 5. and that it
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be submitted to General Schuyler, whether a temporary fortification or entrenched camp, either at Crown point or opposite Ticonderoga, may be necessary:
W. 1. That the commissary general be directed to supply the army in Canada with provisions, and to appoint proper officers under him to receive and issue the same at the several posts, taking the directions of the general;
W. 2. that he be empowered to contract with proper persons in Canada for supplying the army there with fresh provisions; that he be directed to purchase for them a quantity of Albany peas, and to furnish as much biscuit as may be necessary; W. 3a. and that his pay be raised to 150 dollars a month:
W. 3b. That the quarter master general be directed to provide and forward such tents, cloathing, and utensils as are wanted for the army in Canada, subject to the direction of the commander in chief:
W. 4. That General Washington be directed to send into Canada, such small brass or iron field pieces as he can spare; W. 5. that he be instructed to issue orders that no certificates be given in future by any but brigadiers, quarter masters and their deputies, or a field officer on a march, or officer commanding at a detached post:1
[Note 1: 1 The paragraphs W. 6, 7 and 8 are under June 21, p. 472,post. W. 9, relating to Colonel Burbeck is under May 25, p. 392,ante. W. 12, grants the bounty printed under June 26, p. 483,post.]
W. 10.Resolved, that it is the opinion of this Committee that General Washington be authorised to fill up-vacancies in the army by issuing commissions to such officers under the rank of field officers, as he shall think proper to supply such vacancy; he making a monthly return to Congress of such appointments which, unless disapproved of by Congress on such return, shall stand confirmed; and that blank commissions be sent to the General for that purpose.
W. 11.Resolved, that the pay of such of the soldiers at New York as have been enlisted at five dollars per month be raised to six dollars and two thirds per month.
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W. 13. That letters be written to the conventions of New Jersey and New York, and to the assembly of Connecticut, recommending to them to authorize the commander in chief in the colony of New York, to call to the assistance of that colony, when necessity shall require it, such of the militia of those colonies as may be necessary; and to afford him such other assistance as the situation of affairs may require; W. 14. and, that it be further recommended to the convention of New York, to empower the said commander in chief to impress carriages and water craft, when necessary for the public service, and also to remove ships and other vessels in Hudson's and the East rivers, for the purpose of securing them from the enemy:
W. 15. That General Washington be permitted to employ the Indians whom he may take into the service of the United Colonies, pursuant to a resolution of Congress of the 25th of May last, in any place where he shall judge they will be most useful; and that he be authorized to offer them a reward of one hundred dollars for every commissioned officer, and of thirty dollars for every private soldier of the King's troops that they shall take prisoners in the Indian country, or on the frontiers of these colonies.
R. 5. That the companies of rifflemen from Virginia and Maryland be regimented, and that the regiment be compleated to the original number of the Pensylvania batallion :1
[Note 1: 1 From this paragraph to that concerning the inventory of ordnance stores taken by Captain Mainly, is in the Jefferson report, mentioned in note on p. 395,ante.]
R. 6a. That the Pensylvania batallion of rifflemen be compleated to their original establishment:
R. 6b. That two companies of the forces now in the Delaware government be ordered to Cape May:
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R. 7. That the committee, appointed to contract for cannon, be directed to procure a number of brass or iron field pieces, to be made or purchased immediately:
R. 8. That the committee, appointed to provide medicines, be directed to send a proper assortment of medicines to Canada:1
[Note 1: 1 In the Jefferson report this paragraph read: "Resolved, That a proper assortment of medicines be sent to Canada." Against it Harrison has written "Comee. already appointed to provide medicines."]
R. 9. That Mr. James Mease be directed to purchase and forward to the quarter master general in New York, as much cloth for tents as he can procure:
R. 10. That the committee appointed to provide stockings and shoes for the troops in Canada, be directed to purchase such other articles as may be wanted for the use of the soldiers in Canada, and send the same to Albany, that they may be forwarded to the army in Canada, and that they be particularly attentive to provide, in time, a sufficient number of leathern breeches and under waistcoats, and such other winter cloathing as may be necessary for them :2
[Note 2: 2 In the Jefferson report, Harrison has written against this paragraph: "Comd. to the Comee. of which Mr. Shearman [Roger Sherman] is Chairman."]
R. 11. That the said committee be directed to forward, with all expedition, to the quarter master in Canada, such shoes as are already provided:
R. 12. That prisoners, taken by continental arms, be not exchanged by any authority but the Continental Congress:
R. 13. That all vessels which sailed from the port or harbour of Boston, whilst the town of Boston was in possession of the enemy, having on board effects belonging to the enemies of America, and which have been or may be seized, be liable, together with the said effects, to confiscation, in the same manner and proportions as have been heretofore resolved by Congress:
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R. 14. That the continental agents in the respective colonies, where no courts have been established for the trial of captures, have power, and be directed, to dispose, at public sale, of such articles of a perishable nature, as shall be taken from the enemies of America, and that the money arising from such sale, be liable to the decree of such court whenever established:
That the inventory of the ordnance stores, taken by Captain Manly, be sent to General 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, having first taken an oath for that purpose, shall proceed to value the same, and if they cannot agree in the value, they shall call in a third person to determine the same; that the report of such persons be returned to Congress so soon as may be, and the value of the stores belonging to Captain Manly and his crew, be thereupon transmitted to them.
Resolved, That it be referred to the delegates of Maryland, Pensylvania, New Jersey, and New York, to devise the mode of raising the battalion of Germans voted the 25 of May last.
Resolved, That the consideration of the remainder of the report be postponed till to morrow.
The committee, to whom was referred, the cartel between Brigadier General Arnold and Captain Foster, for the exchange of prisoners, and the several papers relating thereto, brought in their report, which was read:
The Committee to whom were recommitted the Cartel between Brigadier General Arnold and Captain Foster, for the exchange of prisoners, and the several papers relating thereto, have had the same under their consideration, and agreed to the following report:
Your committee having proceeded to make enquiry into the facts relating to the agreement entered into at St. Anne's, between Brigadier General Arnold and Capt. Foster, find a part of them well
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authenticated, and others not, yet being apprehensive that silence on the part of Congress may be construed by some into a ratification of the said agreement, they have thought it best to state the same as they appear at present, with such resolutions as they will justify if found true, reserving final decision till the whole truth shall be accurately enquired into and transmitted to Congress.
Your Committee on the best information they have been able to obtain, find
That on the 24th day of May last a party of the enemy, consisting as is said of about 600 men, under the command of Capt. Foster, attacked a post at the Cedars, held by a garrison of 350 Continental forces, then under the command of Major Butterfield.
That the said post was secured by a stockade [of wood?] to cover the garrison from the enemy's musquetry, that there were mounted therein two feild peices, and that the enemy had no cannon.
That the said garrison had ammunition and provisions sufficient to have lasted them ten days, that they had reason to expect aimmediate re-inforcement in a few days, which, on a requisition from themselves, was actually on it's way from Montreal, and moreover were so near the main body of the army that they could not doubt being joined by detachments from thence sufficient to oblige the enemy to retire.
That the enemy for two days kept up only a scattering fire, by which not a single man of the garrison was killed or wounded; and that onthe morning of third day the garrison surrendered themselves prisoners of war, having capitulatedonly for the preservation of their own baggage from plunder, [and that their persons should not be delivered into the hands of the savages.]1
[Note 1: 1 Words in brackets in the writing of John Hancock.]
That the enemy broke the capitulation utterly and immediately on their part, plundering the garrison of their baggage, andeven stripping the cloathes from their backs [and Delivering the Prisoners into the hands of the Savages.]1
That they then proceeded against the reinforcement which was on it's way, consisting of about 150 men under the command of Major Sherburne, that Major Sherburne and his party engaged and fought them with bravery: but being at length surrounded by numbers greatly superior, and informed that the fort and garrison were already in the hands of the enemy, they were obliged to surrender themselves prisoners of war also: but whether on capitulation or not, your committee are not informed.
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That after they had put themselves into the hands of the enemy, the said enemy murdered two of them, butchering the one with tomahawks and drowning the other; and left divers others exposed in an island naked and perishing with cold and famine.
That by this time Brigadier General Arnold, who had been detached by Major General Thomas to relieve the fort at the Cedars, approached and was making dispositions to attack the enemy.
That Captn. Foster thereuponsent a flag [Notified]1 General Arnold,notifying that if he attacked him, the prisoners, then 500 in number, would every man of them be put to death, and proposing at the same time an exchange of [prisoners.]
[Note 1: 1 Words in brackets in the writing of John Hancock.]
[General] Arnold was extremely averse to entering on any agreement of that kind, and was at length induced to do it by no other motive than that of saving the prisoners from cruel and inhumanbutch death, threatened in such terms as left no doubt it was to be perpetrated.
That an agreement was thereupon entered into between Brigadier General Arnold and Captn. Foster, bearing date at St. Anne's on the 27th day of May, whereby the sd. Foster stipulated that he would deliver up all the said prisoners except15 some such as were Canadians, to Genl. Arnold; who agreed on the other part, that so many of equal rank and condition should be returned to the enemy of those taken by our arms on former occasions: that the prisoners so stipulated to be given up to the enemy were not in the possession of General Arnold, nor under his direction, but were at that time distributed through various parts of the continent under the orders of this house.
That Capt. Foster in violation of this agreement also detained a considerable number of the prisoners he had thus stipulated to deliver, and sent them into the Indian countries for purposes unknown.
Whereupon your Committee have come to the following resolutions:
Resolved, that it is the opinion of this Committee that plundering the baggage of the garrison at the Cedars, stripping them of their clothes [and delivering the Prisoners into the hands of the Savages,]1 was a breach of the capitulation on the part of the enemy, for which satisfaction ought to be demanded.
Resolved, that the murder of two of the prisoners of war was a gross and barbarous violation of the laws of nature and nations, for which satisfaction should be made by the enemy, by delivering into our hands either Captain Foster, or the individuals concerned in committing the murder.
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Resolved, that the agreement entered into at St. Anne's was a mere sponsion on the part of Brigadr. Genl Arnold, he not being invested with powers for the absolute disposal of the Continental prisoners in general; and that therefore it is subject to be ratified or annulled at the discretion of this house, the sole representative of the UnitedStates of America [Colonies.]1
[Note 1: 1 Words in brackets in the writing of John Hancock.]
Resolved, that it is the opinion of this Committee that of Major Sherburne and his party having fought as men should do, so much of the said sponsion as relates to their exchange should be ratified and confirmed by this house; and that an equal number of captives from the enemy, of the same rank and condition should be restored to them as stipulated by the said sponsion.
Resolved, that it is the opinion of this committee that [] the said sponsion as relates to the exchange of Major Butterfield [and the] garrison surrendering with him, ought not to be ratified: because we should redeem none but those who will fight; and because too the said sponsion excepted the Canadian prisoners, and we will in no case admit a distinction of countries among men fighting in the same cause.
Resolved, therefore that the said Major Butterfield and garrison should still be considered as prisoners of war, appertaining to the enemy, but as by the actual murder of two of the prisoners, and the threats at St. Anne's to put the others to death, the enemy are found capable of destroying their captives, the sd prisoners ought not to be put into their hands, but should be permitted to remain in their own country: that in the mean time they shall not bear arms, nor otherwise act against the enemy, but are bound to demean themselves in all things in the manner of prisoners of war enlarged on their parole, and to hold themselves subject to be recalled by the enemy, whenever proper security shall have been given that their lives shall be safe.
Resolved, that previous to the delivery of the prisoners to be returned in lieu of Majr. Sherburne and those captivated with him, satisfaction be required from the enemy for the murder of the two prisoners, by delivering into our hands Capt. Foster, or the individuals concerned in perpetrating that horrid act; and likewise restitution for the plunder at the Cedars taken contrary to the faith of the capitulation: and that till such satisfaction and restitution be made, the said prisoners be not delivered.
Resolved, that it is the opinion of this committee that if the enemy shall put to death, torture, or otherwise ill-treat any of the hostages in
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their hands, or of the Canadian or other prisoners captivated by them in the service of the United Colonies, recourse must be had to retaliation as the sole means of stopping the progress of human butchery, and that for that purpose punishments of the same kind and degree be inflicted on an equal number of their subjects taken by us, till they shall be taught due respect to the violated rights of nations.
Resolved, that it is the opinion of this Committee that a copy of this report be transmitted to the Commander in chief of the Continental forces in Canada,to be him sent to the British commander in chief of the Continental forces in Canada to be by him sent to the British commander there: and that he moreover make further and diligent [inquiry] into the facts therein stated and such others as may [be obtained upon the] same subject and [report the] same duly authenticated [with all pos]sible despatch [to Congress] for their final decision, and that in the mean time the prisoners delivered up by the enemy abstain from bearing arms or otherwise acting against them.1
[Note 1: 1 This report, in the writing of Thomas Jefferson, is in thePapers of the Continental Congress, No. 29, folio 229. It differs much from the report as finally adopted by Congress, July 10, p. 533,post. In the Jefferson Papers are notes of testimony taken in connection with the affair at the Cedars.]
Ordered, To lie on the table.
The committee on the petition of Colonel Turbutt Francis reported, that they had met on the business referred to them; but that the Indians refused to be examined, or to give any evidence on the matter, which prevented their proceeding, wherefore they desired to be discharged: Whereupon,
Resolved, That they be discharged.
The Committee on Spies brought in their report, which was read:
Ordered, To lie on the table.
The committee to whom the letters from William Palfrey, Esqr pay master general, of the 19 of May and 3d of June ∥were referred,∥ brought in their report, which was read: Whereupon,
Resolved, as the opinion of this Committee thatdollars be sent to the Deputy Paymaster General in the Eastern Department for the Pay and other uses of the Troops there.
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Resolved, That the said letters, with the weekly returns enclosed therein, be referred to the superintendents of the treasury, to be filed in the auditor general's office.1
[Note 1: 1 This report, in the writing of John Adams, is in thePapers of the Continental Congress, No. 22, folio 109.]
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.2
[Note 2: 2 "The Affair of a Confederation of the Colonies is now unanimously agreed on by all the members of all the Colonies....The affair of voting, whether by Colonies as at present, or otherwise, is not decided, and causes some warm disputes."Josiah Bartlett to John Langdon, 17 June, 1776.]
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