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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, DECEMBER 30, 1776
A letter, of the 21, from Brigadier General Lewis, was read.
Also two letters, of the 26 and 27, from R. Morris.1
[Note 1: 1 Lewis's letter is in the Papers of the Continental Congress, No. 159, folio 268. Those of Morris are in No. 137 (appendix), folios 33, 37.]
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The committee, appointed to consider the letters from General Schuyler, and relating to the northern army, brought in a report; Whereupon,
Resolved, That General Schuyler, or the commanding officer of the northern army, be directed to cause an elaboratory to be erected at Albany such place as he shall judge most convenient, to fix all the necessary ammunition for the ensuing campaign.
Resolved, That 15 companies, consisting of a captain or overseer, and 30 men each, be engaged, upon such terms as General Schuyler shall think just and equitable, for the batteau service: and be occasionally employed on the high ways and other works in the quarter master general's department; and that four companies of carpenters, to consist of an overseer and twenty five men each, be engaged in like manner to attend the northern army.
That the Overseers have the Rank and receive the pay ofand be allowed the same Rations, and the Men be subsisted and paid as private Soldiers. And that General Schuyler or the Commanding officer of that Army grant warrants to the overseers for inlisting.
For the better regulating waggons in the northern army,
Resolved, That two waggons be allowed to every company on a march, and one waggon to the colonel, one to the lieutenant colonel and major, one to the staff of a regiment, and one for the particular use of the director of the hospital. Each waggon to be drawn by two horses, (except that for the colonel, which is to be allowed four horses,)1 and subject to such orders, as shall, from time to time, be issued by the general or commanding officer.
[Note 1: 1 The words in parentheses were inserted in the writing of Charles Thomson.]
Resolved, That if any commissioned or non-commissioned officer shall employ more carriages than are mentioned in the foregoing resolution, he shall not be allowed to make a public charge of it, but shall pay the customary
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price himself: and, on his refusal or neglect of so doing, he shall be subject to be fined by a court martial in treble the sum; one third part of such fine to be for the use of the owner of the waggon or other carriage so employed, and the other two thirds to the pay master for the public use; the part adjudged to the owner of the carriage shall be paid to him by any quarter master on the certificate of the president of the court martial, who shall transmit the whole fine to the pay master, in order that the same may be deducted from the pay of the delinquent.1
[Note 1: 1 This report was laid before Congress April 25, 1776. See the note on p. 297, ante.]
Resolved, That the Secret Committee Board of War be directed to order Sixty Tons of Cannon Powder and Thirty four tons of musquet Powder to be immediately sent to Genl Schuyler for the Use of the Northern Army, provided those quantities can be spared consistent with the Safety of the several States. Postpon'd.1
Congress being informed that some of the prisoners have broken out of gaol, and made their escape,
Resolved, That the committee of observation for Baltimore county be requested to direct immediate and strict search for the prisoners, who last night escaped from the gaol in Baltimore town; and to offer a reward for the apprehending and securing the said prisoners; and that the said committee make enquiry into the conduct of the gaolor, or any other person suspected of permitting or assisting the escape; and that they take such measures as they shall think proper to bring such offenders to punishment.
Resolved, That 200 dollars be paid into the hands of the committee appointed to consider the letter from General Schuyler of the 10th of December, for the payment of the expences of some suitable person or persons to be sent by them to Mr. Livingston, Governor Trumbull, and
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the council of the state of Massachusetts bay, agreeable to a resolution passed yesterday; the said committee to be accountable.
The committee appointed to prepare a circular letter to the several states, reported a draught, which was read, amended, and agreed to:
Ordered, That copies be made, signed by the president, and transmitted to each of the United States.
(Circular.)
Baltimore, Decem. 30th, 1776
Gentlemen,
Ever Attentive to the Security of Civil Liberty, Congress would not have Consented to the Vesting of such Powers in the Military Department as those, which the Inclos'd Resolves convey to the Continental Commander in Chief, if the Scituation of Publick Affairs did not Require at this Crisis a Decision and Vigour, which Distance and Numbers Deny to Assemblies far Remov'd from each other, and from the immediate Seat of War.
The Strength and Progress of the Enemy, Join'd to Prospects of considerable Reinforcemts have Render'd it not only Necessary that the American Force should be Augmented beyond what Congress had heretofore Design'd, but that it should be brought into the Field with all possible Expedition. These Considerations induce Congress to Request in the most earnest manner, that the fullest influence of your State may be Exerted to Aid such Levies as the General shall Direct in consequence of the Powers now given him, and that your Quota of Battalions formerly fix'd may be Compleated with all the Dispatch that an Ardent Desire to Secure the publick happiness can Dictate.
I have the Honour to be with every Sentiment of Esteem, Gentlemen
Your most Obedt Servt
J H Pt.1
[Note 1: 1 From a copy of the letter, in the writing of John Hancock, in the Papers of the Continental Congress, No. 58, folio 9. At the foot of the letter he has added:
"The foregoing Letter I have Sent to all the States with the resolves referr'd to,with this Variation, that the States of Virginia, Maryland, Delaware, Pennsylvania, New Jersey and North Carolina are Desir'd to order their New Levies to Join General Washington; the other States are Address'd as in the foregoing Letter."]
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It appearing to Congress that it will be extremely difficult, if not impracticable, to supply the army of the United States with bacon, salted beef, pork, soap, tallow and candles, unless the exportation thereof be prohibited; therefore,
Resolved, That none of the said articles, except such as may be necessary for the crew of any ship or vessel, be exported from any of the United States after the 5th day of January next, until the first day of November next, or until Congress shall take further order therein. And it is earnestly recommended to the executive powers of the several United States, to see that this resolution be strictly complied with.1
[Note 1: 1 The Virginia House of Delegates instructed the delegates in Congress, December 19, to apply for an embargo on the exportation of beef, pork, and bacon.]
Resolved, That the Board of War be empowered to agree with, and employ, as an assistant clerk, Mr. Robert Smith Nourse, late General Lee's secretary.
The report from the committee of the whole being read, the same was taken into consideration; Whereupon,
Resolved, That Commissioners2 be forth with sent to the Courts of Vienna, Spain, Prussia and the grand Duke of Tuscany.3
[Note 2: 2 In the original report the word "ambassadors" was used in place of "Commisioners."]
[Note 3: 3 Words in italics were added to the original report, in committee of the whole or in Congress. They are in the writing of Charles Thomson.]
That the several Commissioners of the United States be instructed to assure the respective Courts, that notwithstanding the artful and insidious endeavours4 of the Court5 of Great Britain to represent the Congress and inhabitants of these states to the European powers, as having a disposition again to submit to the sovereignty of the crown of Great Britain, it is their determination at all events to maintain their independance.
[Note 4: 4 "Measures" in the original report.]
[Note 5: 5 "King" in the original report.]
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That the Commissioners be respectively directed to use every means in their power to procure the assistance of the Emperor of Germany, and of their most Christian, Catholic and Prussian Majesties, for preventing German, Russian, or other foreign troops, from being sent to America for hostile purposes against these United States, and for obtaining a recall of those already sent.
That his most Christian Majesty be induced, if possible, to assist the United States in the present war with Great Britain, by attacking the Electorate of Hanover, or any part of the dominions of Great Britain in Europe, the East or West Indies.
That to this purpose the Ambassadors be instructed to represent to the Court of France, that in Case G. Britain should succeed against America, a military Government will be established here, and the Americans already trained to arms will, however unwilling, be forced into the Service of his britannic Majesty, whereby his power will be greatly augmented, and may hereafter be employed to reduce to his Government the french and spanish Islands in the West Indies.1
[Note 1: 1 Two paragraphs in the original report, which were stricken out in Committee of the Whole.]
That, should the Independence of America be supported, Great Britain, on the Contrary, would at once be deprived of one third of her power and Commerce; that this in a great Measure would be added to the Kingdom of France, whose Territories in the West Indies would be less liable to Molestation from G. Britain and probably enlarged.1
That the Commissioners be farther impowered to stipulate with the court of France, that all the trade between the United States and the West India islands shall be carried on by vessels, either belonging to the subjects of his most Christian Majesty, or of these states, each having free Liberty to carry on such trade.
That the Commissioners be likewise instructed to assure his most Christian Majesty, that should his forces be employed in conjunction with the United States to exclude
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his Britannic Majesty from any share in the cod fishery of America, by reducing the islands of Newfoundland and Cape Breton, and ships of war be furnished when required by the United States to reduce Nova Scotia, the fishery shall be enjoyed equally and in common by the subjects of his most Christian Majesty and these states, to the exclusion of all other nations and people whatever; and half the island of Newfoundland shall be owned by and subject to the jurisdiction of his most Christian Majesty; provided, the province of Nova Scotia, island of Cape Breton, and the remaining part of Newfoundland, be annexed to the territory and government of the United States.
That should the proposals already made be insufficient to produce the proposed declaration of war, and the Commissioners are convinced that it cannot be otherwise accomplished, they assure his most Christian Majesty that such of the British West India islands, as in the course of the war shall be reduced by the united force of France and these states, shall be yielded in absolute property to his most Christian Majesty. And the United States engage on timely notice to furnish at their expence, and deliver at some convenient port or ports in the said United States, provisions for carrying on expeditions against the said islands, to the amount of two millions of dollars, and six frigates mounting not less than 24 guns each, manned and fitted for the sea, And to render any other assistance which may be in their power as becomes good allies.1
[Note 1: 1 This last sentence was substituted for the following reading in the original report:
"And the United States engage so soon as the british Arms shall be removed, from their Territories, to furnish and pay ten thousand Men to cooperate with the Arms of France in making a Conquest of said Islands, provided never the less, that his most Christian Majesty will be at the Expence of transporting them to the West Indies and back again."]
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That the Commissioners for the Court of France and Spain consult together, and prepare a treaty of commerce and alliance, as near as may be similar to the first proposed to the Court of France, not inconsistent therewith nor disagreeable to his most Christian Majesty, to be proposed to the Court of Spain adding thereto, "that if his Catholic Majesty will join with the United States in a war against Great Britain, they will assist in reducing to the possession of Spain the town and harbour of Pensacola, provided the citizens and inhabitants of the United States shall have the free and uninterrupted navigation of the Mississippi and use of the harbour of Pensacola, and will, provided it shall be true, that his Portuguese Majesty has insultingly expelled the vessels of these states from his ports, or hath confiscated any such vessels,1 declare war against the said king, if that measure shall be agreeable to and supported by the Courts of France and Spain."
[Note 1: 1 The original report read: "and in Consequence of the unprovoked Injury offered them by the King of Portugal."]
That the Commissioners for the Court of Berlin consult with the Commissioners at the Court of France, and prepare such a treaty or treaties of friendship and Commerce, to be proposed to the King of Prussia, as shall not be disagreeable to their most Christian or Catholic Majesties.
That the Commissioners at the Court of France be informed of the designs of Congress to send Commissioners to the Courts of Vienna and the grand Duke of Tuscany, to cultivate the friendship of those princes, and to form such treaties of commerce as may be beneficial to those countries and the United States, and directed to acquaint the Ambassadors from their courts to that of France with this design; and in the meantime to solicit thro' those Ambassadors the interference of the Emperor
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and the Duke of Tuscany, to prevent G. Britain from sending foreign troops to this Country, and to procure a recall of such foreign troops as are already here.1
[Note 1: 1 This last paragraph appears to have been added in committee. A copy, in the writing of Richard Henry Lee, is in the Papers of the Continental Congress, No. 25, I, folio 7.
See note under December 28, p. 1049, ante.]
The several matters to this day referred, being postponed,
Adjourned to 10 o'clock to Morrow.
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