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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 --THURSDAY, JANUARY 30, 1777
The delegates from New Hampshire produced credentials of their appointment, which were read as follows:
New Hampshire,
In the House of Representatives, Dec. 24, 1776.
Voted, That colonel William Whipple, colonel Josiah Bartlett, and colonel Matthew Thornton, be, and they hereby are, elected and appointed delegates to represent the state of New Hampshire in the Continental Congress, for the term of one year, from the 23d day of Jan. next; and that any one of them, in the absence of the others, have full power to represent this state; and that no more than two of them attend at one time. Sent up for concurrence:
John Langdon, Speaker.
In Council, Dec. 25, 1776.
Read and concurred;
Eben Thompson, Secretary.
Copy examined byEben Thompson, Secretary.
Mr. Mann Page, a delegate from Virginia, attended, and produced the credentials of his appointment, which were read as follows:
Virginia, ss. In the House of Delegates, December 4, 1776.
The House proceeded by Ballot to the Appointment of a Delegate to represent this State in General Congress; and, the Members having prepared Tickets for the Person to be appointed, and put the same into the Ballot Box, Mr. Jefferson, Mr. Curle, Mr. Tazewell, and Mr. Prentis, were appointed a Committee to meet a Committee to be appointed by the Senate, and, jointly with them, to examine the Ballot Boxes, and report to the House upon whom the Majority fell.
Orderedd, That Mr. Jefferson acquaint the Senate therewith.
The Committee then withdrew, and after some time, returned to the House, and reported, that they had met a Committee from the Senate, in the Conference Room, and had jointly with them examined the Ballot Boxes, and that the Majority was in favour of Mann Page, junior, Esqr., of Spottsylvania.
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Resolved, therefore, That the said Mann Page, Esq. be appointed a Delegate to represent this State in General Congress, in the room of George Wythe, Esq. who is nevertheless empowered to continue to Act in Congress until the said Mann Page shall take his Seat therein.
A copy:
John Tazewell, C. H. D.
In the Senate, December 4, 1776.
The House proceeded, by joint ballot with the House of Delegates, to the choice of a Delegate to represent this State in General Congress, in the room of George Wythe, Esqr. and the members having prepared their tickets, and deposited the same in the ballot box, Mr. Bland, Mr. Lewis, and Mr. Cabell, were appointed a Committee to meet the Committee from the House of Delegates, in the Conference Chamber, and, in conjunction with them, to examine the joint ballots, and report a state thereof to the House; and, having made their report, it appears, that Mann Page, jun. Esq. of Mansfield, hath the greatest number of votes on the ballot:
Resolved, thereupon, That the said Mann Page, jun. Esq. of Mansfield, be appointed a Delegate to represent this State in General Congress, in the room of George Wythe, Esq.
A message from the House of Delegates, by Mr. Jefferson, That they have come to a resolution, authorizing George Wythe, Esq. to retain his seat in Congress, until Mann Page, jun. Esq. shall take his seat therein, to which they desire the concurrence of the Senate, and he delivered in the same, and then withdrew:
The said resolution being read,
Resolved, That the Senate do concur with the House of Delegates therein, and that Mr. Holt acquaint them therewith.
A Copy from the Journals:
John Pendleton, C. S.1
[Note 1: 1 The original is in the Papers of the Continental Congress. Virginia, Credentials of Delegates.]
The Board of War brought in a report, which was taken into consideration; Whereupon,
Resolved, That the Rev. Samuel Kirkland be allowed the salary of 444 dollars for the current year, to commence from the 11 day of November last, as missionary to the Indians; and that the sum of 300 dollars be paid
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him as a compensation for his extra services and expences as chaplain and interpreter:
That the salary of Mr. James Deane, Indian interpreter, be encreased to 300 dollars for the current year, to commence the 23 November last:
That the pay of Thomas Spencer, blacksmith among the Indians, mentioned in General Schuyler's letter of the 7th inst. be referred to the commissioners of Indian affairs in the northern department, who are to make such addition thereto, as they shall think just ∥proper∥:
That the salary of Mr. Commissary Aylett and Jonathan Trumbull, Esq. deputy pay master general of the northern department, be augmented to the sum of seventy-five dollars per month each:
That the Board have considered the Petition of Messrs. Bartholomew Burke and Hamilton Ballantine, and on conferring with these Gertlemen, it appears that they have no Letters of Recommendation, the want whereof, they say, was owing to the unfriendly Disposition of the Inhabitants of the Island of Jamaica towards the American Cause.1
[Note 1: 1 These two paragraphs were struck out.]
That Mr. Burke has served as an Ensign in the British Army, as he says, but Mr. Ballantine has never acted in any military capacity.1
That the Hessian Paymaster, now at Lancaster in Pennsylvania, sent from the Enemy with Money and Cloathes for the Hessian Prisoners of War, be permitted, after having executed his ordered to lie Business at that place, to pass to Dumfries in Virginia, and return to the Enemy under the Conduct of an Officer in the Service of these States, who is to take especial care that his stay be no longer than absolutely necessary, and that he gain or communicate no political Intelligence.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, I, folio 51.]
At a Board of War January 30th 1776[7]. Agreed to report to Congress.
AgreedThat Mr. Josiah Throop be allowed the Pay of an Express, for his Trouble and Expence in bringing Intelligence of a public Nature relative to the Affairs of Nova Scotia.
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That the several Councils of Safety, Governors, or Legislatures of the respective States, take the most effectual Steps to collect from the Inhabitants, not in actual Service, all Continental Arms, and give Notice of the Numbers they have so collected to General Washington. That all Arms and Accoutrements belonging to the United States Recommitted shall be stamped and marked with the Words United States previous to their Delivery either to the Continental Troops or Militia on the Barrels and Locks and Bayonets of those already made, and those to be hereafter manufactured in these States; and all Arms or Accoutrements so stamped or marked, shall be taken wherever found for the Use of the States, except they shall be in the Hands of those actually in Continental Service. That it be recommended to the Legislatures of the several States to make proper Laws for the Punishment of those who shall unlawfully take, secret, or refuse to deliver any Continental Arms or Accoutrements which they may have in their Possession.
That Questions having arisen on the Resolve of Congress of the 7th.. of October last relative to the Increase of Pay of the Officers, it be resolved, that the said Regulation does not extend to the Recommitted Militia, or any other Officers not being engaged in the Service of the United States for three Years or during the War, but the said Militia and other Officers Shall receive their Pay agreeable to the Establishment previous to the said Resolve.1
[Note 1: 1 "Postponed to 31st January." This report is in the Papers of the Continental Congress, No. 147, I, folio 59.]
That 200 dollars be paid to Mr. Josiah Throop, be allowed the pay of an express for his trouble and expence in bringing intelligence of a public nature, relative to the affairs of Nova Scotia, and for other services.
Resolved, That the several councils of safety, governors or legislatures of the respective states take the most effectual steps to collect from the inhabitants not in actual service all continental arms and give notice of the numbers they have so collected to General Washington.
Resolved, That Congress will, on Saturday next, take into consideration the most speedy and effectual means to furnish the new levies with arms.
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Resolved, That a standing committee, to consist of five members, be appointed to hear and determine upon appeals brought against sentences passed on libels in the courts of Admiralty in the respective states, agreeable to the resolutions of Congress; and that the several appeals, when lodged with the secretary, be by him delivered to them for their final determination:
The members chosen, Mr. [James] Wilson, Mr. [Jonathan Dickinson] Sergeant, Mr. [William] Ellery, Mr. [Samuel] Chase, and Mr. [Roger] Sherman.
Resolved, That 300,000 dollars be sent to Jonathan Trumbull, Esq. deputy pay master general for the northern department:
That 800 dollars be advanced to the delegates of Virginia, for the use of Mr. B. Harrison, deputy pay master general in the southern department; who is to be accountable:
Resolved, That 166,666 2/3 dollars be advanced to the state of Massachusetts bay, by the continental treasurer's order on the loan office in that State for the said sum, the said State to be accountable.
The committee to whom the report on impressing carriages, was re-committed, having brought in another report, which was taken into consideration;
Whereas Congress by their Resolution of the [10] of [October] last Resolved (here insert it) It is now further resolved that not only all officers in the Quarter Master's Department but all others in the service of the public be strictly prohibited from impressing; horses teams or carriages [ought to be impressed] 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, agreeable to the Laws of the State, where the same [are wanted and laws for that purpose are provided] is granted; and in such State where there are no magistrates or laws enacted for that purpose [by virtue of a warrant from a magistrate] from the Chairman or a member of the Committee of the
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County, city or district where the same are wanted: or in case the magistrate, (or in such State where there are no magistrates or Laws provided for that purpose) the Chairman or member of committee, shall upon proper application neglect or refuse to grant such warrant [cannot be obtained] and have the same executed, the commanding officer where such necessity shall happen may grant to his officers in the army warrants for that purpose, which they are to execute. In all which cases no more teams and carriages shall be impressed or employed in the service, than ten carriages capable of carrying one ton each, or other carriages [equivalent] sufficient for carrying so much for transporting the baggage of one whole and complete regiment, and so in the same proportion for a greater or lesser number of forces on their march; and also carriages sufficient for removing military stores and provisions, and for transporting the sick and wounded.
And if any officer of the army shall presume to impress horses teams or carriages, contrary to the directions above given, or suffer soldiers under his command to do the same, every officer so offending, upon due proof thereof by the oath or affirmation of two credible witnesses before any two magistrates, [in] of the County or town wherein such offence is committed shall [forfeit to the party injured such sums as said Magistrate shall order not exceeding twenty, or less than five dollars, which shall be paid by the Paymaster and deducted from the pay of such officer,] be cashiered and upon a certificate thereof under the hands of the said Magistrates together with certified copies of the depositions or affirmations 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. Provided always that before any such depositions or affirmations are taken, the magistrate to whom complaint of such offence shall be made, or one of them shall send a notification thereof to the officer complained of acquainting him with the charge, and appointing a time and place for him to attend at the examination of such witnesses in order that he may be present and make his defence, and upon proof of such notice being given the said magistrates, may at the time and place so prefixed, proceed to take the depositions or affirmations aforesaid and certify the same as above directed.
And in order that a reasonable compensation be made for the service of all carriages employed or impressed as aforesaid: Resolved, That for every team and carriage capable of carrying [a ton weight,] a load
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usually carried by a waggon with four able horses, or a cart with oxen and horses, and which shall carry such loads [if required and] unless prevented as far in a day, as is usually practised by such teams in the country and season they are employed in, there be paid the customary wages usually paid for the hire of such teams at that time in the parts where they are employed, not exceeding four dollars per day from the time they are taken into the service until discharged, and twelve ninetieths of a dollar per mile returning home; and that for all carriages with two horses or a pair of oxen only, there be paid half the sum allowed for a carriage and four horses for the same time, and so in proportion for all other teams according to their abilities for service, upon performing the same when required; the owners of all such teams and carriages to find drivers and supply them with provisions and forage for their teams; and in case the same shall be furnished at the public expence the value thereof shall be deducted out of their pay, and no team impressed shall be detained longer than four days at a time from home until discharged.
And in order that carriages may be impressed when 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 house, 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 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 be accountable for, and punctually pay the owners thereof the above mentioned rates or allowances when the same are discharged, [or if the officer is not furnished with money for that purpose, he shall give a certificate of the services done and the sums due therefore which shall be paid by any Continental Paymaster upon application and such certificate being produced.]1
[Note 1: 1 These words were inserted by Roger Sherman.]
And that strict Justice may be rendered, as well to individuals as the public, Resolved, That it be recommended to such magistrates, Chairmen or members of Committee who shall grant warrants for impressing carriages, to attend and see the same loaded in order that
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no unreasonable burthen be laid thereon, of which they are to be judges, and that no greater number are employed than may be necessary conformable to the above directions, and if a greater number should be procured, the same shall be immediately discharged by such Magistrate, Chairman or Member of Committee. And no additional burthen shall be put on any carriage after the same is loaded as above, either by soldiers riding or placing their arms or packs thereon.
And it is further resolved that all regiments, Companies, or parties of soldiers on their march or in quarters shall be constantly attended by one or more officers of their corps who shall see that all the above regulations as far as the same respects the officers or soldiers are strictly complied with, and no injuries or irregularities of any kind committed as the commanding officer of every party marching or in quarters shall answer the neglect thereof with the forfeiture of his commission.
Orderedd That the foregoing resolutions be printed and sent to the army, and that the printers of the several newspapers in the different States be desired to publish the same once every six months during the war to the end that all concerned may take due notice and govern themselves accordingly.
Resolved That it be recommended to the Legislatures of the several States, to make provision by law for furnishing teams and carriages for marching troops and other public service on reasonable terms by impressing or otherwise when necessary under such regulations, as that the public service may not suffer or be delayed, or the owners of teams or carriages injured.2
[Note 2: 2 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 21, folio 67. The brackets enclose interlined words, or amendments. The last paragraph was by Roger Sherman. See under February 22, post.]
And, after debate,
Resolved, That it be re-committed, and that three members be added ∥to the committee:∥
The members added, Mr. [Samuel] Chase, Mr. [Roger] Sherman, and Mr. [James] Wilson.
The several matters to this day referred being postponed,
Adjourned to 10 o'Clock to Morrow.
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