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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, NOVEMBER 12, 1776


Journals of the Continental Congress, 1774-1789 PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journals of the Continental Congress, 1774-1789
TUESDAY, NOVEMBER 12, 1776

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A letter, of the 10th, from General Mifflin; one, of the 10th, from Richard Dallam; and one, of the 9, from Dr. Shippen, were read.1

[Note 1: 1 The letter of Mifflin is in the Papers of the Continental Congress, No. 161, folio 1. That of Dr. Shippen is in No. 78, XX, folio 75.]

The Committee of Treasury reported, that there is due,


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To George Stultz, for iron work, and repairing a continental light waggon, 12 60/90 dollars:

To John Tyler, for bayonet scabbards, and repairing arms for the German batallion, 82 30/90 dollars:

To Mons. Lotbinier, a Canadian chaplain, for his pay and rations, from 10 October to 10 November, 41 30/90 dollars:

To Doctor Beaumont, a prisoner, of the 26th regiment, for his allowance from 21 July to 3 November, inclusive, being 15 weeks, at 2 dollars a week, 30 dollars:

To William M'Leod, a prisoner, of the 59th regiment, for his allowance from 21 July to 3 November, inclusive, being 15 weeks, at 2 dollars per week, 30 dollars:

That there is to be paid to Daniel du Chemin, for the allowance due to Messrs. Hertel, Giasson, and la Magdalaine, Canadian prisoners, from the 1 August to 6th November, inclusive, being 14 weeks, at 2 dollars a week, is 28 dollars each, 84 dollars:

That there should be paid to Joel Zane, for the allowance due to Lieutenant Hamar, of the 7th regiment, from 20 July to 1 November, inclusive, being 15 weeks, at 2 dollars a week, 30 dollars; and to Captain Swan, of the 26th regiment, from 21 June to 1st November, being 19 weeks, at 2 dollars, 38 dollars; the whole 68 dollars:

To James Budden, for his, and others of the light horse, their expences as an escort with money to New York, 82 dollars, and for his expences with General Prescot from Reading to Philadelphia, 24 42/90 dollars; both sums making 106 42/90 dollars:

To William Woodhouse, for wafers for the use of Congress, 1 12/90 dollars:

To Thomas Smith, for paper for the use of the commissioners for the New York department, 15 78/90 dollars:

That there should be paid to Dr. Rush, 625 dollars for


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5 months' advance pay to Brigadier General Thompson, he to be accountable:

Ordered, That the said accounts be paid.

The Committee of Treasury, to whom that part of the petition and memorial of John Brown, Lieutenant Colonel of the regiment commanded by Colonel Elmore, praying that his extraordinary services in Canada, last year, may be considered, was referred, brought in a report, which was read:

The committee, to whom that part of the petition and memorial of John Brown, Lieutenant Colonel of the regiment commanded by Colonel Elmore, praying that his extraordinary services in Canada last year may be considered, was referred, have examined the matter thereof; and report, that, according to the narrative of Colonel Browne, contained in his letter to Major General Schuyler, he performed many valuable services in Canada; that he was instrumental in procuring useful intelligence of the number and strength of the british forces and armed vessels there, and of the inclinations and designs of the inhabitants and savages; that he cut off the communication between Saint John's and the circumjacent country, surprized Laprairie, took Chamblé, captivated prisoners, and seised stores and other things; and that during the whole campaign he was almost continually in some active employment, by night as well as by day, suffering much fatigue and hardship, and frequently exposed to dangers; that these allegations are in some measure supported partly by letters to Congress from the late Brigadier General Montgomery, dated the 19 and 24 of September, 16 and 20 of October, 3 of November, and 5 of December, 1775, with the articles of capitulation at Chamblé when it was surrendered, and partly by a certificate signed by Colonels James Livingston and Timothy Bedel, Major Robert Cockran, and Captains Gershom Motte and William Satterlee. That on the eighth day of November, 1775, the Congress in their instructions to the gentlemen appointed to repair to Ticonderoga, authorised them, among other things, to assure Major Brown and Major Livingston, 'that Congress had a just sense of their important services, and would take the first proper opportunity to reward them.'

But it appears to the committee, that, if Colonel Brown be rewarded by promotion in military rank, which is supposed to have been designed by that assurance, his eye-sight is so impaired by the cold weather last


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winter that he will not be able to perform the duty of his office, unless it be in some stationary post. It is therefore upon the whole matter submitted to Congress to determine whether any further provision ought to be made for him or in what other manner, he having been [29 July, 1776] promoted to the rank of lieutenant colonel from that of major.1

[Note 1: 1 The report is in the writing of George Wythe, and is in the Papers of the Continental Congress, No. 19, I, folio 419.]

Ordered, To lie on the table.

A letter to Willing & Morris, from Samuel Smith, master of the Hancock & Adams, (who, on his passage to Philadelphia, was taken by the Gamecock privateer, of Rhode Island, commanded by Timothy Pierce, and carried into Bedford, in the Massachusetts bay) dated Bedford port, November 1, was laid before Congress and read:

Ordered, That it be referred to the Secret Committee, and that they report the cargo of the Hancock & Adams, and how it ought to be disposed of.

The Board of War, ∥to whom a request from the state of Virginia was referred,∥ brought in a report, which was taken into consideration; Whereupon,

Resolved, That the demands of the Continent for cannon are at present of so pressing a nature that none can be spared for the particular use of any state; but, as soon as a sufficient quantity of ordnance is supplied to the United States, the request of the state of Virginia, to be permitted to purchase cannon at Hughes's works, shall be complied with.

That Monsieur Romand de Lisle be appointed a major of artillery in the service of the United States, and sent to General Washington, to be employed as he shall think proper.

A petition from James M'Connaughy was read,2 and referred to the Board of War.

[Note 2: 2 This petition, without date, is in the Papers of the Continental Congress, No. 42, V, folio 31.]


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A memorial from Azariah Dunham was presented to Congress, and read:

Ordered, That it be referred to the council of safety of Pensylvania.

A letter, of the 9th, from General Washington, enclosing a letter of the 31 of October from General Gates, at Ticonderoga, was read.1

[Note 1: 1 Washington's letter is in the Papers of the Continental Congress, No. 152, III, 219.]

Congress resumed the consideration of the report of the committee on the letter of Timothy Danielson; Whereupon,

Resolved, As the opinion of this Congress, that if the soldiers to be raised by the state of Massachusetts bay, be inlisted on the terms offered to them, which are more advantageous than what are offered to other soldiers serving in the same army, it would much retard, if not totally impede, the inlistment of the latter, and produce discontent and murmur, unless Congress should equally increase the pay of these, which, it is the opinion of this Congress, would universally be reprobated as an immoderate expence, and complained of as a grievous burden by those who must bear it; and, therefore, that the committee from the state of Massachusetts bay be desired not to inlist their men on the additional pay offered by the assembly of that state.

Upon re-considering the resolution of the 16th of September last, for raising eighty eight batallions to serve during the present war with Great Britain, Congress being of opinion, that the readiness of the inhabitants of these states to enter into the service for limited times, in defence of their invaluable privileges, on all former occasions, gives good ground to hope the same zeal for the public good will appear in future, when necessity calls for their assistance, and, least the uncertain length of time which


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forces, raised during the continuance of the war, may be compelled to serve, may prevent men from inlisting who would otherwise readily manifest their attachment to the common cause, by engaging for a limited time; therefore,

Resolved, That all non-commissioned officers and soldiers who do not incline to engage their service during the continuance of the present war, and shall inlist to serve three years, unless sooner discharged by Congress, shall be entitled to, and receive all such bounty and pay as are allowed to those who inlist during the continuance of the present war, except the one hundred acres of land; which land is to be granted to those only who inlist without limitation of time. And each recruiting officer is required to provide two distinct inlisting rolls, one for such to sign who inlist during the continuance of the war, and the other for such as inlist for three years, if their service shall be so long required.1

[Note 1: 1 "Inclosed you have another Resolve which the necessity of recruiting an army immediately to the Eastward has rendered proper. Congress, tho' well convinced of the utility of enlisting men during the War, as it would tend to prevent the frequent calls for bounty upon new enlistments, and obviate the difficulties which would result from troops leaving Camp when their services are most essential, and when perhaps the fate of America might depend upon their stay, that we might have an army enured to service and discipline, thought proper to direct them to be raised during the war. An application from the State of Masstts, accompanied with the information that Connecticut and Rhode Island were pursuing similar and equally improper means to compleat their levies, finding that these States urged as an excuse for their extraordinary bounties, the insurmountable difficulties which they met with in recruiting men during the war, suggesting that Soldiers complained of such an engagement as a contract for perpetual servitude, the Continental Congress thought proper to relax and shorten the terms of Enlistment, agreeable to the Resolve which I send you herewith and which the above will fully explain." William Hooper to the Provincial Congress, 16 November, 1776. Colonial Records of North Carolina, X, 907.
"By this express you will probably receive a resolve which Congress have been forced into by the additional bounty and pay which have been offered by some of the New England States, and the additional bounty which hath been offered in one of them. This measure is condemned by many members of Congress, and by our General. It will, they say, necessitate the other States to do the same, which will greatly enhance the continental debt and expense; or we must have an army doing the same services for different rewards, which would occasion jealousies, envyings and discord among the soldiers, to the great injury of the public service. As we have only offered an additional bounty, we are less culpable in the estimation of those who condemn the deviation from the original resolve, than any of the transgressors. It is now in the option of soldiers to enlist for three years without the grant of land, or during the war with it. This alternative, with the retiring of the enemy, will, I hope, answer the purpose." William Ellery to Governor Cooke, 16 November, 1776. Rhode Island in the Continental Congress, 99.
"I have seen your opinion to our Commissioners, that they should proceed and inlist our troops for three years. I am apprehensive you do not see the opinion and object of Congress in its fullest extent. The Congress will agree that Maryland may raise her troops for three years, but have declared, and now hold, our State bound to contribute her proportion of the expense attending the procuring of lands for the officers and soldiers furnished by other States for the war.
"We have proposed and urged on Congress that the question as to the procuring lands at the expense of the United States, and our claim that the back lands acquired from the Crown of Great Britain in the present war, should be a common stock for the benefit of the United States, and should remain open for the determination of some future Congress.
"We have proposed that any State which may raise its quota for the war and give a bounty in lieu of land should indemnify the United States from any claim from their officers and soldiers who received an allowance in lieu of land, and that such State should not be chargeable to the United States for any part of the expense attending the procuring of lands for the officers and soldiers of the other States who shall furnish troops for the war. Both these propositions have been rejected. This day a resolve passed that each State be at liberty to inlist for the war or three years. What our Commissioners will do I know not, nor can I advise them. I am amazed at the obstinacy of Congress." Samuel Chase to the Council of Safety of Maryland, 21 November, 1776. Force, American Archives, Fifth Series, III, 788.]


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The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.

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