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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 --WEDNESDAY, OCTOBER 16, 1776
Sundry letters being received, were laid before Congress, and read: viz.
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he has empowered Carpenter Wharton to purchase salt to the westward of New Jersey, and as much pork, for the use of the army, as salt can be had for, and requesting that he may be supplied with such sums of money as may be necessary for this purpose, to be charged to said J. Trumbull:1
[Note 1: 1 The letter from Pendleton is in the Papers of the Continental Congress, No. 71, I, folio 61. That of Trumbull is in No. 78, XXII, folio 155.]
Resolved, That Mr. Wharton be supplied with money for the purpose aforesaid.
Resolved, That the sum of £5,040 18 5 lawful money, equal to 16,803 6/90 dollars be paid to Brigadier General Thomas Mifflin, or order, and charged to the account of Jonathan Trumbull, Jun. Esq. deputy pay master general in the northern army; the same being in full of a draught in his favour, by John Pierce, Jun. assistant pay master, in behalf of the said J. Trumbull, dated Albany, October 7, 1776, it being so much stopped for him from the pay of several regiments at Ticonderoga, by the said pay master.
Congress proceeded to the election of a commissary of cloathing for the northern army; when, the ballots being taken,
George Measam was elected.
Resolved, That George Measam be allowed the pay and rations of a major in the continental service.
That the commander in chief in the northern department, appoint suitable persons to appraise, on oath, and deliver to the said commissary, all articles of cloathing there, belonging to the United States, and transmit his receipts, with the appraisement, to the treasury office in Philadelphia:
That the said commissary employ suitable persons to make the cloathing, and add to the appraised value of the
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goods, the charges of making; and that he deliver the same to the regimental pay masters, agreeable to the orders he may receive from the commander aforesaid.
Resolved, That General Washington be empowered to appoint a commissary of cloathing for the army under his immediate command, and that he be empowered to appoint a deputy muster master general for the flying camp.
Resolved, That one ton of powder be sent to North Carolina, for the use of the continental forces in that state.
A letter, from John Roche, of the 1 October, was laid before Congress, and read:
Resolved, That it be referred to the Marine Committee, who are directed to report thereon empowered to do therein what they think proper.
Congress took into consideration the report of the committee on the state of the prisoners; Whereupon,
Resolved, That William Livingston, Esq. governor of New Jersey, be informed, that Congress have considered his letter relative to certain prisoners confined in Somerset gaol, and being unacquainted either with their characters, or the causes of their being apprehended, request him to enquire into the same, and report to Congress their names and characters:
That soldiers and sailors, confined in gaol,be hereafter allowed 11/3 dollar per week; the allowance of one dollar being found not to be sufficient to support them comfortably.
Resolved, That the remainder of the report be recommitted.
The Marine Committee, to whom were referred the petition of B. Marshall & Brothers, and certain propositions from the state of Massachusetts bay, brought in their report, which was taken into consideration; Whereupon,
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Resolved, That what relates to the petition of B. Marshall ∥& Brothers∥ be postponed to Wednesday the 23d instant.
Resolved, That it be recommended to the general court of Massachusetts bay, to give the continental agent the full weight of their influence to make the frigate Hancock ready for sea immediately; that whatever expence shall accrue to the state of Massachusetts bay, either for procuring guns or other stores for fitting the said frigate, shall be reimbursed on demand; and that, in directing the cruise of the said frigate, the Congress will pay all the regard to the protection of the commerce of Massachusetts bay, that the zeal of that state, in the common cause, justly entitles it to.
A petition from Captain C. Roberts was presented to Congress, and read.
Resolved, That it be referred to Mr. [George] Walton, Mr. [Francis] Hopkinson, and Mr. F[rancis] L[ightfoot] Lee, who are directed to enquire into the state of facts, and report to Congress.
A memorial from the Chevalier d'Antignac was presented to Congress, and read.
Resolved, That it be referred to the Board of War.1
[Note 1: 1 This memorial is in the Papers of the Continental Congress, No. 41, II, folio 404.]
A memorial from the Colonel D. Campbell was presented to Congress, and read; Whereupon,
Resolved, That the commanding officer in the northern department be desired to confirm or disapprove the sentence of the court martial on Colonel D. Campbell, as he, upon mature judgment, shall think proper, and report to Congress.
Whereas sundry prizes have been heretofore taken by the cruisers fitted out by General Washington, at the continental
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expence, and on continental accounts, and no accounts thereof have yet been rendered by the agents who received and sold the said prizes; and, whereas, a just distribution of such shares of the said prizes as are due to the officers and men, agreeable to the rules and regulations of Congress, ought to be made;
Resolved, That the Marine Committee be empowered to order such distribution of the said prize money amongst the parties interested therein; and that they recover from the said agents the continental share of all the said prizes:
That the present continental agents do account with the Marine Committee, from time to time, for the continental share of all prizes received and sold by them, and that they pay the amount of such prizes to the order of the said committee:
That the said agents make just distribution of the shares in all prizes that appertain to the officers and crews of the continental ships of war, agreeable to the rules and regulations of Congress, as soon after the sales of each prize as possible:
That the Marine Committee apply all the prize money they receive from the agents, to the service of the marine department, and hereafter render accounts thereof to Congress:
That the Marine Committee report, from time to time, all sums of money they receive for prizes to the treasury, in order that the same may be charged to their account in the treasury books.
The Board of Treasury reported, that there is due,
To Captain Sion Martindale and Lieutenant Moses Turner, for their pay and rations from the 1st of January to the 14 October, 1776, the sum of 572 76/90 dollars.
Ordered, That the said account be paid.
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Additional instructions to B. F., S. D., and T. J., commissioners from the United States of America to the king of France.
Whilst you are negotiating the affairs you are charged with at the court of France, you will have opportunities of conversing frequently with the ministers and agents of other european princes and states residing there.
You shall endeavour, when you find occasion fit and convenient, to obtain from them a recognition of our independency and sovereignty, and to conclude treaties of peace, amity and Commerce between their princes or states and us, provided, the terms thereof be first imparted to his most christian majesty and approved of by him, that they that the same be not inconsistent with the treaty you shall make with his most christian majesty, that they do not oblige us to become a party in any war which may happen in consequence thereof, and that the immunities, exemptions, privileges, protection, defense and advantages, or the contrary, thereby stipulated, be equal and reciprocal. If that cannot be effected, you shall, to the utmost of your power, prevent their taking part with Great Britain in the war which his britannic majesty prosecutes against us, or entering into offensive alliances with that king, and protest and present remonstrances against the same, desiring the interposition, mediation and good offices on our behalf of his most christian majesty, the king of France, and of any other princes or states whose dispositions are not hostile towards us. In case overtures be made to you by the ministers or agents of any european princes or states for commercial treaties between them and us, you may conclude such treaties accordingly.1
[Note 1: 1 This report, in the writing of George Wythe, is in the Papers of the Continental Congress, No. 25, I, folio 1. It was laid before Congress some time after September 26, and is endorsed: "Postponed. Agreed to October 16, 1776," but no entry appears in the Journals.]
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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