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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, FEBRUARY 13, 1777
Resolved, That 15,000 dollars be advanced to Mr. Jonathan Hudson for public service; he to be accountable.
Resolved, That Saturday next be assigned to taking into consideration the propriety of appointing commissioners for auditing and settling the accounts of the several States against the Continent, and of such of the said States as
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have received public money in the eastern and middle departments.
Resolved, That James Walker, Horatio Johnson, and John Taylor, be appointed signers of the bills of credit, in addition to those already appointed.
Resolved, That 2,000 dollars be paid to Benjamin Crocket, and charged to the account of Colonel Moses Hazen, for the use of the batallion under his command, the same being in full of an order of Lieutenant Colonel Edward Antil, in favour of the said B. Crocket, dated Wilmington, February, 1777.
Resolved, That 100,000 ∥dollars∥ be advanced to the council of safety of Pensylvania for the recruiting service; the said State to be accountable.
The committee on promoting the manufacture of salt petre, reported,
"That they have had a conference with Jacob Robsamen; from which it appears, that he has been very usefully employed for one year, next preceding the 25 of December past, in the State of Virginia, in the manufacture of salt petre, and the instruction of all persons applying to him in the process of making salt petre, under a contract for that purpose with this committee: that, in the execution of this business, he has received nothing more than his expences; and that it is the opinion of this committee, that he is entitled to a further reward;" Whereupon,
Resolved, That there be paid to the said Jacob Robsamen, the sum of 600 dollars, as a compensation for his extraordinary services in the prosecution of this important business.
The Committee of Indian affairs, to whom a petition from divers inhabitants of the county of Westmoreland, in
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Pensylvania, and a letter from Thomas Cressap, of Maryland, were referred, brought in a report, which was taken into consideration; Whereupon,
Resolved, That it would be improper and inexpedient to raise at present any more companies for the defence of the western frontiers, as there appears to be no immediate danger of an Indian war.
A letter, of the 12, from the council of safety of Maryland, was read.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 70, folio 163.]
The committee appointed to confer with to whom was referred the memorial of Colonel Campbell, made a verbal report; Whereupon,
Resolved, That the commissioners for auditing accounts in the northern department, be directed to make enquiry concerning the loss of Colonel Campbell's baggage, in the retreat of the army from Quebec, and to report to Congress a state of the facts and the evidence relating to them.
Resolved, That, Colonel Campbell be continued in his former pay and rank; that he be directed immediately to repair to the commissioners for ∥auditing and∥ settling the accounts of the northern army, and settle with them the accounts of his late department.
Resolved, That copy of the letter from General Lee, of the--,2 relating to Captain George Gibson, be sent to General Washington, and that Captain Gibson be recommended to the general for promotion in the army of the United States.
[Note 2: 2 December 11, 1776.]
The Committee of Treasury reported, that there is due
To George M'Candles, for entertaining the Virginia light horse on their march to join General Washington, [£25.0.6=] 66 66/90 dollars:
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To Jacob Myers, for entertaining the Virginia light horse, on their march to join General Washington, and for waggonage, his extraordinary expences and trouble, and taking care of the sick, the sum of [£164.18.9=] 439 75/90 dollars:
To Captain Henry Sheaff, for the pay of a guard of militia over the prisoners, from the 24th December, to the 3d of February, [£44.9.6=] 118 54/90 dollars:
To Robert Jewell, for maintaining prisoners in the new gaol of Philadelphia, and for the salary of himself and his two assistants, to the 24th January, [£287.11.7=] 766 79/90 dollars:
To John Griffiths, for sundry supplies of provisions, wood, &c. in the guard house and prison for prisoners, and for cash he paid for the support of Carolina prisoners in Baltimore, 301 15/90 dollars:
To John Gibson, Esq. for cash he paid to Michael Watman, for the hire of his waggon, bringing paper for continental money from Philadelphia to Baltimore, the sum of 38 6/90 dollars.
To Daniel Grant, for provisions, firing, &c. to a guard over the treasury, nine days, by order of the Board of Treasury at Baltimore, 22 26/90 dollars:1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 33.]
Ordered, That the said accounts be paid.
The Committee on Deserters, brought in a report, which was read.
Whereas several Soldiers and Mariners duly enlisted in the service of the United States do afterwards desert, and are often found wandering, or otherwise absenting themselves illegally from the service. Resolved that it be recommended to the Legislatures of the several States to provide as soon as possible by Law, that it shall and may be lawful to and for any constable, freeholder, or Keeper of any public ferry within any of the United States, to apprehend or cause to be
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apprehended, any person suspected of being a deserter, and cause such person to be brought before any Justice of the peace, living in or near the place where such person shall be taken, who shall have power to examine such suspected person, and if by his confession, or the testimony of one or more credible witness or witnesses, upon oath, or by the knowledge of such Justice it shall appear, that such suspected person is an enlisted soldier, or mariner, and ought to be with the company, troop, crew, or vessel, to which he belongs, such Justice shall forthwith cause him to be conveyed to any the nearest commissioned officer, of the Land or Sea Service, as the case may be, or to the public Goal of the County or place, where such deserter shall be apprehended, and shall immediately transmit an account thereof to the Secretary of War, for the time being, and to the Commanding officer of such Deserter, and for the better encouragement of any person or persons to apprehend and secure such deserter, that such Justice shall give to the person who shall apprehend and bring such Deserter, after Conviction, a certificate expressing the service and the distance such deserter shall be brought, which certificate shall entitle the Bearer to the reward of five Dollars for the apprehending such deserter, and twelve ninetieth of a Dollar for every mile therein expressed, and any person who shall convey and deliver such deserter to the Officer, or goal as aforesaid, shall also receive the same mileage; and the said reward, and mileage shall be paid by the officer, sheriff or goaler to whom such deserter shall be delivered, and the Sheriff or goaler shall be reimbursed the money by him paid by his State, together with the expence of advertising such Deserter, and one fifth of a Dollar per day for his maintenance, to be charged to the Continent; and the Sheriff or goaler shall immediately publish the name of the deserter and the company, Regiment, or vessel to which he belongs in some one of the newspapers of his State for four successive weeks.
Whereas the mode heretofore recommended to prevent the harboring deserters, and the purchasing from them their arms, or cloathes hath not proved effectual to abolish so pernicious a practice:
Resolved, that it be recommended to the Legislatures of the several States to provide as soon as possible, by law, That if any person shall harbor conceal or assist any deserter from the land or Sea Service, knowing him to be such, the person so offending shall forfeit for every such offence, ten dollars, or if any person shall knowingly detain, buy or exchange, or otherwise receive, any arms, horse, cloaths or other furniture, belonging to the United States, from any soldier, trooper,
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mariner, deserter, or any other person, under any pretence, or shall cause the colour of such clothes to be changed, or the mark or brand, of such horse to be altered, the person so offending shall forfeit, for every such offence, ten dollars, and upon conviction, by the oath of one or more credible witness or witnesses, before any one justice of the peace of the City, County, Town or place, where the offence shall be committed, the said respective penalties shall be levied by warrant from the Justice, to any constable, by distress and sale of the goods and chattels of the offender, one moiety of the penalty to be paid to the informer, and the residue to the officer to whom any such Deserter, soldier, trooper, or mariner did belong, and where no informer, the whole thereof to the officer, and if any such offender, convicted as aforesaid, shall not have sufficient goods and chattles whereon distress may be made for the penalty, or shall not pay the same within four days after such conviction, in such case such justice may and shall, by warrant, either commit such offender to the common goal there to remain without bail not exceeding three months, or may cause such offender to be publicly whipt, not exceeding thirty nine stripes, at the discretion of such justice; and that if any commissioned officer, constable, or other person shall break open any dwelling House, or outhouse under pretence to search for deserters, without warrant from a Justice of the peace, which such Justice shall grant, such offender, if no deserter shall be found therein, shall forfeit twenty Dollars, to be awarded by any Justice, and levied on the offenders person, goods, or chattels.
Whereas it may be some time before adequate laws, for the apprehending deserters, and punishing persons concealing them, can be framed, arising from the recess of some Legislatures, and the distance of others:1 To the end that the most speedy stop may be put to the pernicious and unsoldierly practice of deserting, and that such offenders, who receive the public money for services, that they design not to perform, may be certainly and speedily carried back to the corps they have deserted from, It is earnestly recommended to the Committees of observation or inspection in these United States, that they cause diligent enquiry to be made, in their respective Counties or Districts, for all Deserters that may be lurking and harboured therein and cause such, whenever found, to be immediately secured and conveyed to the nearest Continental officer, and all such officers are hereby directed to receive and secure such deserters that they may be safely delivered to
[Note 1: 1 The foregoing postponed.]
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their respective Regiments, and brought to a speedy trial and exemplary punishment.
Resolved that no officer under the Rank of a Captain or Commanding officer of a troop or Company, shall grant a furlough, and then only with the approbation of his Field Officer, signified by his counter signing thereof, no furlough shall be granted for above two months, and the officer granting the same shall express the name and time, and cause of absence, and make due return thereof to the Adjutant General.
Ordered, That the foregoing Resolve, and the first second and third article of the sixth section of the articles of war, be published in the several Newspapers for six months, and also that three hundred copies be printed in Hand bills, and sent to camp to be distributed among the officers.1
[Note 1: 1 This report, in the writing of a clerk, is in the Papers of the Continental Congress, No. 21, folio 53. See under February 25, post.]
Congress resumed the consideration of the report of the committee appointed to consider the proceedings of the committee from the four New England states but came to no resolutions thereupon; and, after debate,
Resolved, That the farther consideration thereof be postponed till to morrow.
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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