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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, SEPTEMBER 30, 1776
Two letters, from General Washington, of the 27 and 28;
One from Governor Trumbull, of the 22d, were laid before Congress, and read:1
[Note 1: 1 The letters of Washington are in thePapers of the Continental Congress, No. 152, III, folios 59 and 67. That of the 28th is printed inWritings of Washington (Ford), IV, 454. That of Governor Trumbull is in No. 66, I, folio 229.]
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A letter from Robert Franklin was also read.
Resolved, That it be referred to the Marine Committee. A petition from J. Rowe and others, ∥owners of goods on board the shipElizabeth, which was taken by captains John Manly, Daniel Waters and John Ayres, commanders of the three armed vesselsHancock, Lee andLynch, and libelled in the court maritime for the state of New Hampshire, and, by the sentence of the said court, acquitted; against which sentence, an appeal has been entered,∥ was presented to Congress and read, ∥praying that the said appeal may be heard and determined;∥ Whereupon,
Resolved, That a committee of five be appointed, with full powers to hear and determine on the appeal brought against the sentence passed on the libel against the shipElizabeth.
The members chosen, Mr. [Robert Treat] Paine, Mr. [Samuel] Huntington, Mr. [Thomas] Stone, Mr. [George] Wythe and Mr. [James] Smith.
A letter from B. Flower, commissary of military stores, directed to the Board of War, was laid before Congress, and read.
Resolved, That the Board of War be empowered and directed, on the requisition of the general, or commanding officers in the several departments, to send such articles of military stores and other necessaries, which they may have in their possession, or can procure.
Resolved, That the Board of War be directed to order the three Virginia battalions, now on their march to New York, to be lodged in the barracks at Wilmington; there to remain till farther orders.
Resolved, That the sum of 5,000 pounds, equal to 13,333 1/3d dollars be advanced to Messrs. Hughes, in part payment for the cannon they have contracted to make for the Continent; they to be accountable.
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Resolved, That a member be added to the Committee on the Treasury:
The member chosen, Mr. [Francis] Hopkinson.
A petition from Mons. De Boy, and one from Ja. Vallier [La Vallière], were presented to Congress and read.
Resolved, That they be referred to the Board of Wary1
[Note 1: 1 The petition of Peter Francis De Boy is in thePapers of the Continental Congress, No. 42, I, folio 95. That of La Vallière is in No. 42, VIII, folio 1. An earlier letter from La Vallière, dated "Mole le 12 juilliet, 1776," is in No. 41, IX, folio 5.]
A petition from Jacob Sheafe, and a petition from Colonel M. Hazen, were presented to Congress, and read.
Resolved, That the petition from Colonel Hazen be referred to the Canada committee.
The committee, to whom were referred the letters from General Washington, of the 24 and 25 of this instant, September, and the papers enclosed therein, brought in their report, which was taken into consideration; Whereupon,
Resolved, That General Washington be directed to call upon such of the members of the court martial, as sat upon the trial, and concurred in the acquittal of Ensign Macumber, to assign their reasons for their first judgment; that those reasons, together with the names of such of the said members, who were for the acquittal, be returned to Congress:
That Mr. M'Donald, having a commission of brigadier general from Governor Martin, be not exchanged for any officer under the rank of brigadier general in the service either of the United States or of one of them:
That it be recommended to the legislatures of the United States, to appoint gentlemen in their respective states, skilful in physic and surgery, to examine those who offer to serve as surgeons or surgeons' mates in the army and navy; and that no surgeon or mate shall hereafter receive a commission or warrant to act as such, in the army or
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navy, who shall not produce a certificate from some or one of the examiners so to be appointed, to prove that he is qualified to execute the office:
That all regimental surgeons and mates, as well as those of the hospitals, be subject to the direction and control of the directors in the several departments:
That no soldier be discharged from the service as disabled, unless the certificate of disability be countersigned by the director, assistant physician, or first surgeon of the hospital, nor be excused from duty for sickness, unless the certificate of sickness be countersigned by one of those persons, where access may be had to them.
Resolved, That the remainder of the said report be postponed.
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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