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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 --SATURDAY, FEBRUARY 22, 1777
Resolved, That deputy adjutant general Thomas Bullit, have the rank and pay of a colonel on the continental establishment.
Congress proceeded to settle the rank of the brigadiers elected yesterday, and of Brigadier Nash, with respect to each other; upon which,
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Resolved, That such as are in the continental service, take rank according to the dates of their commissions, and their present the rank they held in the army at the time of their promotion; and that such as do not hold continental commissions, stand after them in the order in which they are elected.
Colonel Woodford having resigned his commission a question arose whether his rank should be settled agreeable [to] the date of his former commission. Upon the question being put, carried in the negative.
∥On motion, "That Colonel Woodford, who formerly held a commission of colonel in the continental service, but resigned, take rank according to the date of the said commission:"
Question put--Carried in the negative.∥
Resolved, that Brigadier general Cadwallader take rank of Brigadier Woodford, and that the rank [of the] Brigadiers chosen be as follows:
The rank of the brigadier is as follows:
A memorial from Regnier de Roussi, and a representation from Thomas Rutherford, and three others, prisoners from North Carolina, were read:1
[Note 1: 1 The memorial from Regnier de Roussi is in the Papers of the Continental Congress, No. 41, VIII, folio 260.]
Ordered, That the memorial from Regnier de Roussi be referred to the Board of War; and,
That the representation from the North Carolina prisoners be referred to the Board of Treasury.
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Congress took into consideration the report of the committee of ways and means; Whereupon,
Resolved, That thirteen millions of dollars be borrowed on loan office certificates, of the following denominations:
Resolved, That all certificates, issuing after the first emission, be signed by Michael Hillegas, Esq. treasurer, or Samuel Hillegas, and countersigned agreeable to the resolutions of Congress of the 3d October, 1776, and 15 January, 1777.
Resolved, That the farther consideration of the report be postponed.
Resolved, That the treasurer be directed to remain in Baltimore till the farther orders of Congress.
∥Resolved,∥ That one million of dollars be lodged in the hands of John Gibson, Esq. auditor general, to be subject to the draughts or orders of Congress; he to be accountable
Resolved, That 400 dollars be paid to the delegates of Connecticut, and charged to that State.
The Board of War brought in a report, which was taken into consideration; Whereupon,
Resolved, That Jost Triesback be appointed a captain, and Charles Merckle a lieutenant, in Major Ottendorff's corps:
That 1,500 dollars be paid to Dr. Samuel M'Kinzie, for the use of the hospital in Baltimore; he to be accountable.
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Resolved, That a member be added to the Committee of Treasury:
The member chosen, Mr. William Smith.
Whereas Carriages ought not to be impressed but upon the most urgent necessity,
Resolved, for the better and more regular provision of carriages for the forces of the United States, in their marches, or for their arms, clothes, accoutrements, baggage, military stores, and provision, sick and wounded, that it be recommended to the Legislatures of the several States to provide, as soon as possible by law, that any Justice of the peace within any County, City, town, or district, when thereunto required by an order from the Commander in Chief, or any general, field, or commissioned officer, or by the adjutant general, Quarter Master General, or any of his Deputies, or by the Quarter Master of any Battalion, detachment, troop or company, ordered to march, shall, as often as such order is brought unto him, issue out his warrant, to any one or more of the constables of the County, hundred, city, town, or district, from, through, near or to which, such regiment, detachment, troop or company, shall be ordered to march; requiring them to make such provision for carriages, with able men to drive the same, as is mentioned in the said warrant, allowing them sufficient time to do the same, that the neighboring parts may not always bear the burthen, and directing them not to take any carriage carrying provisions, or articles of commerce to the army, or any City, town, or place, for the benefit of the inhabitants, or on their return. And in case sufficient carriages cannot be provided as aforesaid, within any such County, hundred, city, town, or district, then any justice of the peace, of any of the neigboring Counties, Cities, towns, or districts may and shall, upon such order, as aforesaid, being produced to him, by any of the officers aforesaid, issue his warrant, to any one or more of the Constables of such places respectively for the purposes aforesaid, to make up such deficiency: and if any Justice shall wilfully neglect or refuse, on such request as aforesaid, to grant such warrant, or if any constable shall wilfully neglect or refuse to execute such warrant in the most speedy and effectual manner, or if any person required or appointed by such constable to provide and furnish any carriage and driver, shall refuse or neglect to provide the same, or any other person shall wilfully do any act or thing, whereby the execution of such warrant shall be hindered, delayed or frustrated, every such justice,
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constable, or other person so offending shall for every such offence, forfeit not exceeding forty, nor less than ten dollars, to be recovered and applied as each respective State shall direct, one moiety thereof to the use of the poor of the Parish, or County, hundred, City or town, where any such offence shall be committed, and the other half to the informer, and any one Justice of the Peace of the County, City, Town, or District where such offence shall be committed may hear and determine the same, and cause the said penalty to be levied on the offenders person, goods or chattels. And if any Justice or constable shall refuse or neglect his duty, whereby the service may be injured, and necessity shall require and not admit of any delay, the officer commanding the Regiment, detachment, troop or company may grant to any Constable or commissioned officer, his warrant in the same manner as the justice to provide carriages and drivers as aforesaid.
And to prevent dispute about the number of carriages, which shall be employed or impressed in the service, the price to be allowed, and the load and distance they are to travel, or be carried from home; that no officer shall require more than ten Carriages, carrying one ton each, for the baggage of a complete regiment, and in the same proportion for the baggage of a greater or lesser number of forces, on their march, or such number of other carriages as may be equal to such ten carriages. And no officer shall require more carriages for removing military stores and provisions and for transporting the sick and wounded, than shall be sufficient for such service: That there be allowed and paid to the owner of every carriage, when discharged, carrying one ton, if required, and travelling twenty miles in one day, if so required the customary hire for such carriages in the place employed or hired, not exceeding four dollars for every day, while in the service, and so in proportion for any carriage carrying a greater or a less load, or travelling a greater or a less distance in a day; [but if any carriage shall be laden with less than a ton, and capable if required to carry that burthen, and shall be able to travel with such a load twenty miles in a day, if required and shall be detained or delayed no deduction shall be made from the full price.]1
[Note 1: 1 The phrases between brackets were inserted by Samuel Chase.]
That there be allowed and paid to the owner of every carriage capable of carrying a ton, twenty miles in a day, when discharged twelve ninetieths of a dollar for every mile from the place of discharge to the home of the owner thereof, and so in proportion to the owner of any
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carriage capable of carrying a less burthen and travelling a less distance; The owner of every carriage finding an able driver and supplying the driver and horses with provision and forage; but if provided at public expense the value thereof to be deducted out of the pay, and no carriage shall be carried more than four days journey from the home of the owner thereof.
That if any military officer, or officers for the use of whose troop any carriage shall be provided, shall force and constrain any carriage to carry more than one ton, or to travel more than twenty miles in one day, or shall not discharge the same, when carried four days Journey from home, or shall suffer any non commissioned officer or soldier (except such as are sick and unable to travel) or any women or servants, or any other person attending the army, to ride in the carriage, or shall force any constable by any threats, to provide saddle horses for themselves or servants, or shall force horses from the owners by themselves, servants or soldiers, or shall employ or shall by warrant as aforesaid, impress any carriage otherwise than in the manner and proportion, and according to the directions above prescribed, every such officer, for every such offence, shall forfeit not more than twenty nor less than five dollars, proof being made thereof by the oath of two credible witnesses, before any justice of the peace of the County, City, town, or District where the offence shall be committed, either to the injured person or such injured person and the informer, in such manner and proportion as the justice shall adjudge, and the justice shall commit the offender, if present, till payment, and if absent shall certify the same to the paymaster of the Department where such offence shall happen who shall pay the same according to the order and appointment of the Justice and deduct the same out of the officers pay.
And to prevent any dispute about the passage over ferries, and the price therefor--Resolved that it be recommended to the Legislatures of the several States to provide as soon as possible by Law, that where any troops, or baggage shall pass, or be carried over any regular public or County ferry in any of the United States, It shall be lawful for the Commanding officer either to pass with his troop, as passengers, or to hire the ferry boat entire to himself and his party, debarring others for that time, in his option; and in case he shall choose to take passage for himself and party as passengers, he shall only pay for himself, and each person under his command, half of the ordinary or usual rate payable by single persons at any such ferry, and a reasonable
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reward for the baggage. And in case he shall hire the ferry boat for himself and party, he shall pay half of the ordinary rate or hire for such boat, or boats, and in such places where there are no regular ferries, but all passengers hire boats at the price they can agree for, officers with or without parties are to agree for boats, at the same rate as other persons in like cases.
Whereas it may be some time before such laws can be made, and the public service in the mean time may suffer great damage. Resolved that the mode and directions prescribed in the above recommendations to the officers of the army shall be obeyed by them under the penalties therein directed, and whenever carriages shall be wanted for the use of the army application shall always be made by some one of the officers aforesaid to some justice of the peace for his warrant, and where there is no magistrate to the Chairman or a member of the Committee of the County, City or district, where the same shall be wanted, who are requested to grant their warrant in the same manner as a Justice of the peace, and if any justice, chairman, or member of a Committee shall refuse or neglect to grant such warrant, or any constable shall refuse or neglect to execute the same, in such case, the officer commanding any Regiment, detachment, troop or company may issue his warrant to any constable or commissioned officer to provide carriages and drivers in the same manner as a justice of the peace and such warrant shall be executed and obeyed.
Ordered that copies of the above resolutions be sent to the several Legislatures, and to General Washington, and be published in the several Newspapers of these States.
Ordered, 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.1
[Note 1: 1 This report, in the writing of a clerk, is in the Papers of the Continental Congress, No. 21, folio 59. The last paragraph is in the writing of Robert Morris. It is endorsed "Report of the Committee on Impressing Carriages, brought in February 22, 1777." See under January 30 ante.]
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock on Monday.
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