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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, AUGUST 26, 1776


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Journals of the Continental Congress, 1774-1789
MONDAY, AUGUST 26, 1776

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Three letters, from General Washington, of the 22d and 23d, with sundry papers enclosed; also

A letter of the 18, from General Schuyler, were laid before Congress, and read; ∥and the same, together with the minutes of the treaty held with the Indians at the German Flats, were referred to the standing committee on Indian affairs.∥1

[Note 1: 1 Two letters of Washington of these dates and one of the 24th are in thePapers of the Continental Congress, No. 152, II, folios 471, 483, and 487. That of Schuyler is in No. 153, II, folio 285.]

A letter from William Coxe and others, owners of three privateers fitting out in Philadelphia, was laid before Congress and read.

Resolved, That it be referred to the Marine Committee.

A petition from George Measam was presented to Congress and read.

Resolved, That it be referred to the Board of War.2

[Note 2: 2 This petition, dated Philadelphia, August 25, 1776, is in thePapers of the Continental Congress, No. 42, V, folio 27.]


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A letter from William Finnie, deputy quarter master general in the southern department, was laid before Congress, and read.1

[Note 1: 1 This letter, dated August 17, is in thePapers of the Continental Congress, No. 78, IX, folio 39.]

Resolved, That the said letter, together with the letters from General Washington, with the papers enclosed, be referred to the Board of War.

That the letter from General Schuyler, with the minutes of the treaty held with the six Nations, at the German Flats, be referred to the standing committee on Indian affairs.

Congress proceeded to the election of sundry officers, when Jonathan Dayton was elected regimental pay master of Colonel Dayton's batallion; Robert Durkee and Samuel Ransom, were elected captains of the two companies ordered to be raised at Westmoreland; James Welles and Perin Ross, first lieutenants; Asahel Buck and Simon Spalding, second lieutenants; Heman Swift and Matthew Hollomback, ensigns of the said companies.

On application from the convention of the state of Pensylvania,

Resolved, That one hundred thousand dollars be lent to the said convention of Pensylvania, to be put into the hands of the council of safety of the said state, which is to be accountable.

Resolved, That the Secret Committee be directed to send to Captain Durkee two hundred pounds of powder, and a proportionable quantity of lead, for the use of the two companies to be raised at Westmoreland.

Resolved, That an order for five hundred dollars be drawn on the treasurer, in favour of Mr. Philip Schuyler, in full for 500 lb. of powder purchased on the Eastern Shore, for the use of the continental forces.


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Resolved, That the president be empowered to give orders for the payment of the bills drawn by the treasurers of North Carolina, for the use of the continental forces in that state.

On application of the parties,

Resolved, That the hearing and determining upon the appeal against the verdict and judgment passed upon the schoonerThistle, be farther postponed to Monday, the 9th of September next.

A petition from sundry paper makers was presented to Congress, and read, praying that Nathan Sellers, an associator in Colonel Paschall's batallion, and who has marched to New Jersey, may be ordered to return, to make and prepare suitable moulds, washers, and utensils for carrying on the paper manufactory:

Resolved, That the prayer of the petition be granted.

Congress resumed the consideration of the report of the committee on disabled soldiers and seamen, which was agreed, as follows:

Whereas, in the course of the present war, some commissioned and non-commissioned officers of the army and navy, as also private soldiers, marines, and seamen, may lose a limb, or be otherwise so disabled as to prevent their serving in the army or navy, or getting their livelihood, and may stand in need of relief:

Resolved, That every commissioned officer, non-commissioned officer, and private soldier, who shall lose a limb in any engagement, or be so disabled in the service of the United States of America as to render him incapable afterwards of getting a livelihood, shall receive, during his life, or the continuance of such disability, the one half of his monthly pay from and after the time that his pay as an officer or soldier ceases; to be paid by the committee as hereafter mentioned:


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That every commander of any ship of war or armed vessel, commissioned officer, warrant officer, marine or seaman, belonging to the United States of America, who shall lose a limb in any engagement in which no prize shall be taken, or be therein otherwise so disabled as to be rendered incapable of getting a livelihood, shall receive, during his life, or the continuance of such disability, the one half of his monthly pay, from and after the time that his pay as an officer or marine or seaman ceases; to be paid as hereafter mentioned. But, in case a prize shall be taken at the time such loss of limb or other disability shall happen, then such sum as he may receive out of the net profits of such prize, before a dividend is made of the same, agreeable to former orders of Congress, shall be considered as part of his half pay, and computed accordingly:

That every commissioned officer, non-commissioned officer, and private soldier, in the army, and every commander, commission officer, warrant officer, marine, or seaman of any of the ships of war, or armed vessels belonging to the United States of America, who shall be wounded in any engagement, so as to be rendered incapable of serving in the army or navy, though not totally disabled from getting a livelihood, shall receive such monthly sum towards his subsistence as shall be judged adequate by the assembly or other representative body of the state where he belongs or resides, upon application to them for that purpose, provided the same doth not exceed his half pay.

Provided, that no commission officer, non-commissioned officer, and private soldier, in the army, commander, commission officer, warrant officer, marine or seaman of any of the ships of war, or armed vessels, belonging to the United States of America, who shall be


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wounded or disabled as aforesaid, shall be entitled to his half pay or other allowance, unless he produce to the committee or officer appointed to receive the same, in the state where he resides or belongs, or to the assembly or legislative body of such state, a certificate from the commanding officer, who was in the same engagement in which he was so wounded, or, in case of his death, from some other officer of the same corps, and the surgeon that attended him, or a certificate from the commander of the ship of war or armed vessel engaged in the action, in which any officer, marine, or seaman, received his wound, and from the surgeon who attended him, of the name of the person so wounded, his office, rank, department, regiment, company, ship of war, or armed vessel, to which he belonged, his office or rank therein, the nature of his wound, and in what action or engagement he received it.

That it be recommended to the several assemblies or legislative bodies of the United States of America, to appoint some person or persons in their respective states, who shall receive and examine all such certificates, as may be presented to them, and register the same in a book, and also what support is adjudged by the assembly or legislative body of their state, to those, whose case requires but a partial support, and also of the payment from time to time of every half pay and other allowance, and of the death of such disabled person, or ceasing of such allowance, and shall make a fair and regular report of the same quarterly to the secretary of Congress or Board of War, where a separate record shall be kept of the same:

That it be recommended to the assemblies or legislative bodies of the several states, to cause payment to be made of all such half pay or other allowances as shall be adjudged due to the persons aforenamed, on account of the United States.


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Provided, that all such officers and soldiers that may be entitled to the aforesaid pension, and are found to be capable of doing guard or garrison duty, shall be formed in a corps of invalids, and subject to the said duty and all officers, marines, and seamen of the navy who shall be entitled to the pension aforesaid, and shall be found capable of doing any duty on board the navy, or any department thereof, shall be liable to be so employed:

Ordered, That the above be published.1

[Note 1: 1 Printed in thePennsylvania Gazette, 4 September, 1776.]

The Medical Committee, to whom Dr. M'Henry's petition was referred, brought in their report: Whereupon,

Resolved, That Congress have a proper sense of the merit and services of Dr. M'Henry, and recommend it to the directors of the different hospitals belonging to the United States, to appoint Dr. M'Henry to the first vacancy that shall happen, of a surgeon's berth in any of the said hospitals.

A letter of the 22d, from Colonel James Wilson, was laid before Congress, and read.

Resolved, That it be referred to Mr. [Thomas] Jefferson, Mr. [Benjamin] Franklin, and Mr. J[ohn] Adams.

The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

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