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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 --FRIDAY, FEBRUARY 14, 1777
A memorial from Thomas Erwing, of Baltimore, was read:
Ordered, That it be referred to the Secret Committee.
Resolved Ordered, That the Secretary enter on the Journals every morning, the time when each of the States is first represented for that day, if later than 10 o'Clock.
The Medical Committee brought in a report, which was read:
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Ordered, To lie on the table, and that the same be taken into consideration to morrow.
Resolved, That Mr. R[obert] T[reat] Paine be desired ∥empowered and directed∥ to contract with Colonel Gridley, for forty 8-inch iron howitzers, upon terms that he shall judge reasonable, and cause ten of them to be mounted, and sent to Ticonderoga.
Ordered, That the Board of Treasury direct the managers of the lottery, to send, with all expedition, tickets of the first class to the several States.
Resolved, That 500 dollars be advanced to Captain Antoine Selin, towards raising Major Ottendorf's corps, and ∥that the same be∥ charged to the account of the said Major Ottendorf.
The Board of War brought in a report, which was read:
At a Board of War 11th. February 1777
The Board of War having taken into Consideration the Subject of the Conference which they had, by Direction of Congress, with Brigadier General Armstrong, have agreed to the following Report thereupon.
That a Circular Letter be written to the several States, setting forth the absolute Necessity of having a strong Army to take the Field at the Beginning of next Campaign, and recommending it to them in the warmest Manner, to pursue every Means in their Power in order to forward the recruiting Service.
That the several States be requested to take the most effectual steps for collecting from the Inhabitants not in actual service Agreed all Continental Arms, and give notice of the number they shall collect Gen. Washington.
That all Arms or Accoutrements belonging to the United States, shall be stamped or marked with the Words United States: Agreed All Arms already made to be stamped on such Parts as will receive the Impression; and those hereafter to be manufactured to be stamped with the said Words on every Part composing the Stand; and all Arms and Accoutrements so stamped or marked, shall be taken wherever found, for the Use of the States,
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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 enact proper Laws for the Punishment of those, who shall Agreed unlawfully take, secret, refuse or neglect to deliver any Continental Arms of Accoutrements which they may have in their Possession.
That the several States be requested and impowered to borrow or purchase on behalf of the Continent, from the Militia Agreed within the said States respectively, as many good and sufficient Arms as can possibly be procured.
That the Clothier General be directed to employ proper Persons in the different States, Counties, and Districts in purchasing at such Prices as he shall fix, such Articles as are necessary and fit for the cloathing the Troops.
That a Commissary General of Provisions be appointed, with a Salary of, whose business it shall be to inspect, receive, store, and issue all Provisions for the Army, and for all Posts and Detachments: and to render annually an Account to Congress of every Ration issued with the vouchers, as if the same were to be paid by the Ration.
That a Director of Magazines and of the purchase of Provisions be appointed, who shall nominate an Agent in each State where Magazines are to be erected, with Power to employ at a Commission ofpr. Cent, proper Persons to purchase Provisions at Prices to be from time to time limited by the said Agent; each Purchaser to make Return to the Agent, the Agent to the Director, and the Director to the Commissary General monthly: the Agents to be allowed
That all Troops and Armed Vessels and Cargoes for exportation be supplied from those Magazines at first Cost and Charges on Application to, and Permission from the Director or Agent.
That the Commissary and Director General be appointed by the Commander in Chief, and under his Direction.
That the Director General draw all Monies for the purchase of Provisions, and render an Account thereof to Congress, with a Return of the stores on hand, at the same time that the Commissary General shall render an Account of Rations issued.
That the Director General be allowed That Forage be put under similar Regulations under the superintending of the Quarter Master General
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Agreed That 500 Dollars be advanced to Captain Antonie Selin on account toward raising Major Ottendorff's Corps.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, I, folio 75.]
At a Board of War Feby. 14th 1777
Agreed to report to Congress,
That Mr Commissary Aylett's request to have a Clerk allowed him is reasonable and ought to be agreed to.
That the Pay of the following Officers in the Staff be raised.
{table}
[Note 2: 2 This report, in the writing of Richard Peters, is in the Papers of the Continental Congress, No. 147, I, folio 83. On the back is noted 8 negative votes.]
Ordered, To lie on the table.
A letter, of the 5, from General Washington, at Morris town was read; and referred to the Board of War.3
[Note 3: 3 This letter is in the Papers of the Continental Congress, No. 152, III, folio 517. Printed in Writings of Washington (Ford), V, 218.]
Congress resumed the consideration of the report of the committee on the proceedings of the committees from the four New England States, and after debate,
Resolved, That it be re-committed.4
[Note 4: 4 "Yesterday was consumed in desultory debates upon a report of a special committee upon the proceedings of the four New England Governments above mentioned, and it was recommitted. This day it was brought in under a form agreeable to what was the sense of the House on what was yesterday considered. At first it expressed the opinion of Congress, that the proceedings were founded in justice, policy and necessity, and merited the warmest approbation. The second declared neither approbation or opinion, except particularly relating to the New England Governments, because of their peculiar circumstances, but proposed laying it before the other States for their imitation if they thought proper, avoiding as much as possible any expression that might suggest to the States that Congress approved or disapproved. In this form it passed without a negative, and it was voted that several States should be advised to confer with each other on this subject: viz: New York, New Jersey, Pennsylvania, Maryland, and Virginia: North Carolina, South Carolina and Georgia. Nothing very remarkable happened in this debate except that Virginia insisted on being connected with Maryland, and refused to be connected with the Southern States. The delegates present from Virginia were Richard Henry Lee, Francis Lightfoot Lee and Man. Page, all residing on Rapahanock and Potomack rivers. The Delegates from North Carolina represented that great part of the exportation of North Carolina was through Virginia, that her market was therefore in that State, and that she ought undoubtedly to be consulted in regulating the prices since she was so much interested therein that it was unjust and ungenerous in Virginia to endeavour to regulate them without her, and evidently shewed she was willing to do what would affect the interest of North Carolina without her knowledge or consent. Virginia persisted, and the vote passed for her conferring with Maryland &c. The question was now proposed for the conference of the Southern States; the Delegates opposed it, alledging that their articles of exportation would be always very low, by reason of the danger and difficulty of exporting: that none had provisions to spare but North Carolina, and her market for them being chiefly to Virginia she was precluded from regulation in that article by the regulation made in Virginia, of which as she would have no notice she could not accomodate herself thereto, and her Delegate declared she had too much vigilance and sagacity to make regulation since it might preclude her from taking advantage of circumstances to defend herself from the injustice of her neighbor Virginia: that since Virginia chose to confer with other States in making regulations which might affect North Carolina, and refused to confer with her where her interest was so nearly concerned, Virginia was entitled to no attention from North Carolina, and she ought to have it in the power of her citizens to avail themselves of all advantages which circumstances might throw in their way. The question put, all voted for the conference of the Southern States except their own Delegates. R. H. Lee privately told the Delegate from North Carolina that he need not be disturbed on this occasion, because Virginia could make no regulation but what must affect herself. The Delegate replied that it was arrogantly assuming to judge of her affairs, and affect them without her consent: it was taking advantage of her situation to be arbiter of the commerce of North Carolina, and it was shewing an entire disregard to her interest and circumstances, and leaving them entirely to depend on the decisions of the Northern States, without even being consulted. The Delegate declared he thought this such an instance of contempt and disregard in Virginia, that he could not but receive it with indignation." Burke's Abstract of Debates. North Carolina Colonial Records, XI, 391.
"At present, nothing but executive business is done, except the Confederation, and on mere executive business there are seldom any debates; (and still more seldom any worth remembering.) We have agreed to three articles: one containing the name: the second a declaration of the sovereignty of the States, and an express provision that they be considered as retaining every power not expressly delegated; and the third an agreement mutually to assist each other against every enemy. The first and latter passed without opposition or dissent, the second occasioned two days debate. It stood originally the third article; and expressed only a reservation of the power of regulating the internal police, and consequently resigned every other power. It appeared to me that this was not what the States expected, and, I thought, it left it in the power of the future Congress or General Council to explain away every right belonging to the States and to make their own power as unlimited as they please. I proposed, therefore an amendment, which held up the principle, that all sovereign power was in the States separately, and that particular acts of it, which should be expressly enumerated, would be exercised in conjunction, and not otherwise; but that in all things else each State would exercise all the rights and power of sovereignty, uncontrolled. This was at first so little understood that it was some time before it was seconded, and South Carolina first took it up. The opposition was made by Mr. Wilson of Pennsylvania, and Mr. R. H. Lee of Virginia: in the end, however, the question was carried for my proposition, eleven ayes, one no, and one divided. The no was Virginia; the divided, New Hampshire. I was much pleased to find the opinion of accumulating powers to Congress so little supported, and I promise myself, in the whole business I shall find my ideas relative thereto nearly similar to those of most of the States. In a word, Sir, I am of opinion, the Congress should have power enough to call out and apply the common strength for the common defense: but not for the partial purposes of ambition. We shall next proceed to the structure of the common Councils; and here, I think, we shall meet with difficulties of the most arduous nature. The inequality of the States, and yet the necessity of maintaining their separate independence, will occasion dilemmas almost inextricable. You shall, Sir, know the whole progress of the matter if I can conceive and convey it with sufficient clearness." Thomas Burke to Governor Caswell, 29 April, 1777. North Carolina Colonial Records, XI, 461.
"Since my last we have made no progress in the business of Confederation. A difficulty occurs, which, I fear, will be insuperable: that is how to secure to each State its separate independence, and give each its proper weight in the public Councils. So unequal as the States are, it will be nearly impossible to effect this: and after all it is far from improbable that the only Confederation will be a defensive Alliance. Nothing of importance has been determined in Congress, except what is merely executory.
"In one of my letters I believe I mentioned that Georgia was of no use in Congress but to vote with Connecticut. This was owing I believe to this circumstance, only one Delegate was then present, who is by birth a Connecticut man. Since then a Mr. Walton has given his attendance, which was before interrupted by illness; and I perceive that Georgia is now frequently divided when any question related to Colonial politics, so that these two Delegates are of different principles or different judgments." Thomas Burke to Governor Caswell, 23 May, 1777. North Carolina Colonial Records, XI, 477.]
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Dr. [Jonathan] Elmer requests leave of absence, public business requiring his attendance at home.
Resolved, That leave be granted.
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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