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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 20, 1777
A letter, of the 14th, from General Washington, at Morristown, inclosing one, of the 9th, from General Lee, at New York, to General Washington, and one, of the 10th, from the same to Congress; three, of the 17th, from the committee of Congress at Philadelphia; one, of the 30 January, and one, of the 1st instant, from the council of Massachusetts bay; one, of the 30 January, from the committee of safety of New Hampshire; one, of the 3, from Governor Cooke, of Providence; one, of the 7, from Governor Trumbull; one, of the 14th, from General Washington, with sundry papers, relative to the hospital; one, of the 28 January, from General Art. Ward: and one, of the 2d from Colonel Wayne, were read.1
[Note 1: 1 The letters of Washington are in the Papers of the Continental Congress, No. 152, III, folios 525 and 529. They are printed in Writings of Washington (Ford), V, 236, 240. A copy of Lee to Washington is in No. 158, folio 97, and Lee's letter is on folio 99 of the same volume. The Philadelphia committee's letters are in No. 137, Appendix, folios 159 and 163. Governor Cooke's letter is in No. 64, folio 370, and that of Governor Trumbull in No. 66, I, folio 285.]
Resolved, That 500,000 dollars be sent to the pay master general, for the use of the army.
Ordered, That the letter from General Washington, with the papers relative to the hospital, be referred to the Medical Committee. That the other letters from the General and from the committee of Congress, and the States of Massachusetts bay, New Hampshire, Rhode Island, Connecticut, General Ward and Colonel A. Wayne be referred to the Board of War.
That the letters from General Lee lie on the table.
Resolved, That a committee of three be appointed to confer with Colonel Buchanan, on the subject of a contract for supplying the army with provisions:
The members chosen, Mr. [Roger] Sherman, Mr. [Elbridge] Gerry and Mr. William Smith.
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The committee, to whom the copy of the letter from General Howe to General Washington was referred, brought in a report, which was taken into consideration; ∥Whereupon,∥
Resolved, That the Board of War be directed immediately to order the five Hessian field officers and Lieutenant Colonel Campbell into safe and close custody; it being the unalterable resolution of Congress to retaliate on them the same punishment as may be inflicted on the person of General Lee:
That, to manifest to all the world how averse Congress are to this severe, but necessary measure, which alone can teach our cruel enemies to regard the laws of nations and the rights of humanity; and that Congress not only lament, but would willingly avoid the necessity of this just retaliation,
Ordered, That the Board of War transmit to each of the Hessian officers and Colonel Campbell, copies of the resolve of Congress of the 6th of January, of such part of General Washington's letter of the 13th, and of General Howe's answer thereto, of the 23 of January, as relates to General Lee: and inform those officers that the conduct of General Howe alone induces Congress to treat them in a manner so very different from that which has ever been shewn to all other the prisoners of war of these States; and that, if any of them think proper to write on this subject to the British or Hessian general, that the letter shall be transmitted by a flag.1
[Note 1: 1 "A Committee on a letter from General Howe to General Washington reported, that five Hessian Field Officers, and a Col. Campbell should be confined in order for retaliation, and that they should have copies of the resolutions and letters relative to this matter, in order to manifest the reluctance of Congress to this severity; which became necessary, being the only means whereby they could teach their enemies to regard the Law of Nations and the rights of humanity. Some severe epithets were prefixed to enemies in the report, and they were objected to as unbecoming the dignity of Congress. A debate ensued in which some Gentleman pointed out the impropriety of a bold figurative style in public Instruments, and the beauty and propriety of simplicity. R. H. Lee, of Virginia (as usual) insisted strongly on retaining the epithets, because they expressed only what our enemies really are, and urged that the best writers always used such terms on the like occasions. The Delegate from North Carolina observed that simplicity of style was true beauty and dignity, in the language of public bodies. Embellishments of splendid epithets and figures, if proper at all, were only for rhetoricians and such as write for amusement. He wished our energy might appear in our actions, and that our language might be simple and unadorned. He admired the peasants of Switzerland, who, in their struggles for freedom, were as remarkable for modesty in their language as for vigor in their exertions. He wished the Congress to imitate them in both. The exceptional passages were expunged. The debate now turned on the question whether the Law of Nations was proper to be mentioned. Some Gentlemen argued that it was improper to apply it to the proceedings against General Lee, because they proposed trying him by the laws of his country; but others insisted that they had no power to try him, more than any other prisoner by those laws. Many distinctions were attempted, which I did not understand. At length the N. Carolina Delegate declared, he thought all laws ought to be laid aside, but what both parties were equally subject to: these were only the laws of Nature and Nations. The municipal laws of all countries at war were silent with respect to the mere transactions, that related to or were the consequence of war. It was the proper policy of Britain still to regard the Americans as subjects, and to insist on the execution of the municipal laws: but it was the proper policy of America to maintain that the American States stand in no other relation to Britain, than as an independent Empire at war with her; and therefore, that the Law of Nations alone ought to be observed between them. Retaliation is the only instrument whereby nations can compel the observance of that law, and America ought therefore firmly to retaliate when the Law of Nations was violated,--The 'Law of Nations' was inserted." Burke's Abstract of Debates in Congress. North Carolina Colonial Records, XI, 381.]
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Resolved, That the president write to General Gates, and inform him, it is the earnest desire of Congress, that he should resume the office of adjutant general, and that his present rank and pay shall be continued to him.
The committee on ways and means for supplying the treasury, and supporting the credit of the continental currency, brought in a report, which was read:
The Committee appointed to consider of Ways and Means for supplying the Treasury and supporting the credit of the continental currency, Report as their Opinion,
That a Sum not less than Sixteen Million dollars in addition to the sums already ordered will be necessary for the Services of the current year, that to make the necessary supplies by Taxes and Loans will
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best preserve the credit of the paper currency. but for a present Supply a further Emission of Bills will be needful, therefore,
That it be further recommended to the Legislatures of the respective States, that in compliance with the resolution of Congress of the 14th of January last, they raise by the Tax therein recommended to the amount of two Million and three hundred Thousand Dollars in the following proportions, viz.
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That whatever sums shall be raised by any State and paid into the Treasury of the United States, more than its just Quota, Such State shall be allowed Interest therefor at the rate of four per cent per annum, the above proportions being accommodated to the present circumstances of the several States and not agreeable to their Quotas of the common expence.
That it be recommended to the Legislatures of the several States to provide by Taxing their Inhabitants or otherwise for paying the annual Interest arising on the Monies borrowed on the Credit of the United States.
That the Board of Treasury direct the Commissioners of the Loan offices to collect as many of the continental Bills of the first and second emissions as they can, and that none of the said Bills be reissued but brought into the Treasury of the United States and burnt.
That said Commissioners shall be allowed one eighth per cent for collecting said Bills in addition to their present allowance.
That a Mint be forthwith established for coining money, and that it be referred to the Board of Treasury to prepare and report a proper plan for regulating the same, and a suitable device to be stamped on the coin.
That as much Gold and Silver bullion as can be procured in these States be purchased and paid for in continental currency or loan Certificates payable in Specie with Interest at four per cent per annum at the expiration of three years next after the termination of the present war, and that the bullion so purchased be coined into money, of such value and denominations as shall hereafter be ordered by Congress.
That any persons who will bring gold or silver to the mint may have it coined on their own account.
That a quantity of Copper be purchased and coined into pence and half pence, each penny to weigh half an ounce Avoirdupoize and be in value equal to one seventy-second part of a Dollar.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 26, folio 13.]
Ordered, To lie on the table.
Congress proceeded to consider the propriety resumed the subject of encreasing the number of general officers; Whereupon,
Resolved, That ten brigadier generals be appointed.
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Resolved, That the election of the brigadiers be postponed till to morrow.
The Committee of Treasury reported, that there is due,
To Robert Patten, for his services attending Congress from the 4th December to the 20 February, being 78 days; and for inkpowder, candles, &c. the sum of [£29 15 5=] 79 35/90 dollars:
To Robert M'Gee, for the hire of his waggon, taking the baggage of Captain Yates's company of the 4 batallion of Maryland forces, 26 dollars:
To William Adams, for stabling, oats, &c. for eight waggon and three Virginia light horse, 11 dollars:
To Dr. Frederick Phile, for the amount of his account for medicine and attendance to the German batallion, in Philadelphia, [£74 16 6=] 199 48/90 dollars:
To John Fleming, for the hire of his team 20 days in the service of the army, and for ferriages paid by him, [£30 2 3] 80 27/90 dollars, and the further sum of [£1 10=] 4 dollars, for ferriage of his waggon and horses over Bald Friars, on the Susquehannah, kept by Alexander Ewing, as appears by his receipt, and which the said Fleming was compelled to pay, or he could not pass, and which appears an extortionate sum: the whole amounts to [£31 12 3=] 84 27/90 dollars:1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 37. On the charge for ferriage the Committee said: "This appears to the Board to be so extortionate a sum, that they think it right to state it to Congress, in order that some Measures may be taken, at least to prevent the like impositions in future."]
Ordered, That the said accounts be paid.
At a Board of War, 20th Feby, 1777.
Agreed to report to Congress:
That General Washington's Establishment of an Elabratory and Cannon Foundry at Springfield in Massachusetts be approved of by Congress.
That the Assembly of the State of Maryland be requested to deliver to Doctor McKensie so much Medicines of the following Denominations
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as he shall want and they can Spare, to enable him to inoculate the Continental Troops in this Town, in the following Proportions for one hundred Men.
Elixr Vitriol
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, I, folio 85.]
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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