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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, JANUARY 22, 1777
A letter, of the 17, from the committee of Congress at Philadelphia, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 137, Appendix, folio 97.]
Resolved, That 200,000 dollars be sent to the committee of Congress, in Philadelphia, for public service.
A letter, of the 13th [14], from General Washington, enclosing copies of letters to Lord and General Howe;
One, of the 17, from the council of safety of Pennsylvania, with sundry papers enclosed, were laid before Congress, and read:3
[Note 3: 3 The letter of Washington is in the Papers of the Continental Congress, No. 152, III, folio 461. The enclosures from the Council of Safety are in No. 69, I, folio 323.]
Ordered, That the same, and also the letter from the committee of Congress, at Philadelphia, be referred to a committee of three.
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The members ∥chosen∥ Mr. [Oliver] Wolcott, Mr. S[amuel] Adams, and Mr. [Elbridge] Gerry.
The Board of War brought in a report, which was taken into consideration; Whereupon,
Resolved, That a company be immediately raised on the new establishment in the State of Pensylvania, to be stationed at and near Kittanning, to guard the public buildings and stores, and to protect the frontier inhabitants from the incursions of the Indians:
That Samuel Morehead be appointed captain; Andrew Macfarlane, first lieutenant; William Jack, second lieutenant; and, John Carnaghan, ensign; to the said company.
That 1,400 dollars be advanced to Mr. Morehead, to enable him to recruit the said company; he to be accountable for the same;
It appearing to this Board, that a Public armourer is greatly wanted to prevent the Abuses that are daily practiced by Gunsmiths and others, employed to repair the public Arms, and that such a person would not only prevent such abuses for the future, but likewise be a great saving to the Continent:
The Board, therefore are of opinion, that be appointed Public Armourer, and that he immediately repair to the City of Philadelphia, to superintend the said business; And, that he be allowed Dollars per day for his pay and Expences.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, I, folio 31.]
That Thomas Butler be appointed public armourer, and that he immediately repair to the city of Philadelphia, to superintend the said business, agreeable to the resolve of 19 November:
That he be allowed 3 dollars a day for his pay and expences.
Resolved, That the allowance for subsistence of recruits while in quarters, till they can join their respective regiments, and be supplied with rations, be raised to 11/3 dollar per week.
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A petition from Bartholomew Burke and Hamilton Ballantine was presented to Congress, and read:
Ordered, That it be referred to the Board of War.
The committee on impressing carriages, brought in a report, which was taken into consideration; and, after debate,
Ordered, That it be re-committed.
Whereas the Congress formerly resolved1 that it should be recommended (here take in the former Resolve) It is now further Resolved, That not only all officers in the Quarter masters Department; but all others in the service of the public be strictly prohibited from impressing horses teams or carriages; but upon the most urgent necessity, and then only in aid of a Constable or other civil officer, or some person deputed by a warrant from some magistrate, and where there are no Magistrates, from a Chairman or Members of a Committee of the County where the same are wanted, or by such other authority and in such manner as the laws of each respective state shall direct, or in case of refusal of the Magistrate or chairman or Member of the Committee or other person legally authorized thereto in such State to grant such Warrant and have the same executed when desired and for want of such provision by Law in any of the States, the commanding Officer where such necessity shall happen may grant to his Officers in the army warrants for that purpose, which such Officers may execute. In all which Cases no more Teams and Carriages shall be impressed or employed in the service than ten Carriages, carrying one ton each, or other carriages sufficient for carrying so much, for transporting the baggage of one whole and complete Regiment, and so in proportion for a greater or lesser number of Forces on their march; and also Carriages sufficient for removing military Stores and to carry the Sick, in all which carriages none but sick shall be suffered to ride; and these Carriages employed as above shall not be overburthened with loads, or Soldiers on their march suffered to ride thereon except the sick as above mentioned.
[Note 1: 1 See under October 10, 1776.]
And for preventing disputes about the Price of Carriages, Resolved, That for every hundred weight carried twenty miles there be paid one fifth of a dollar, and one seventh and half a seventh twelve ninetieths of a dollar per mile returning home from the place where discharged.
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And in case any Carriage be detained by Troops, and prevented travelling twenty miles per day, there shall be paid four dollars per day, provided such carriage carry one ton, and so in proportion for the weight carried; provided also the Owners of such Teams and Carriages shall at their own expense procure their Provisions and forage for the Driver and horses. And in case the same shall be furnished at the Publick expense the value thereof shall be deducted out of their pay, and no team impressed shall be compelled to go out of the State to which the same belongs, nor more than four days journey from home.
And in order that Carriages may be impressed where necessity requires it with as little damage to the Public as possible, It is recommended to all Magistrates or persons authorized to grant Warrants for that purpose, when it can possibly be done to send into the Country for what may be wanted, and take the same at the Owners home, so as by all means to avoid impressing such as may be found on the road carrying supplies of Provisions or other Articles of Trade or Commerce either to the Army or to Towns for the benefit of the Inhabitants or returning from the same.
And it is hereby strictly enjoined, that all those who shall hire waggons or carts for the public service, or at whose request the same are furnished, by Warrant or otherwise, shall punctually pay the owners thereof the above-mentioned rates where the same are discharged. And if any officer of the Army shall by his own Authority presume to impress horses teams or Carriages contrary to the directions above given, or otherwise transgress the foregoing orders or any part thereof; every officer so Offending upon due proof thereof by the Oath or Affirmation of two Credible Witnesses, before any two Magistrates of the County or Town wherein such Offence is committed shall be Cashiered, and upon a Certificate thereof, under the hands of the said Magistrates, together with the depositions of the Witnesses proving such Offence, being laid before the Commanding Officer of the Army in such Department such Offender shall thereupon be immediately dismissed from his office, and pay double damage to the party injured, to be recovered in any Court of Record where the same is Cognizable, with Costs of Suit.
And as it is of the utmost moment for the comfortable Supply of the Army and Inhabitants of different parts of the Country Dele that intercourse and Commerce should be as free and unmolested as possible,
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The Printers of the Several Newspapers in the different States are desired to publish these Resolves once every six Months during the war, to the end that all whom it concerns may take due Notice and govern themselves Accordingly.1
[Note 1: 1 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 21, folio 71.]
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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