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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 --MONDAY, APRIL 14, 1777
A letter, of the 13, from General Putnam;
A copy of one, of the 12, from H. Fisher, at Lewistown;
And a letter, of the 2, from Brigadier General A. Wayne, at Ticonderoga, with sundry papers enclosed, were read.1
[Note 1: 1 The letter of Putnam is in the Papers of the Continental Congress, No. 159, folio 61. That of Fisher is in No. 78, IX, folio 79, and that of Wayne, in No. 161, folio 205.]
Ordered, That the letter from Brigadier A. Wayne, and the letters enclosed, be referred to the Board of War.
The Board of War brought in a report, which was taken into consideration; Whereupon,
Resolved, That 1,000 dollars be advanced to Captain Samuel Kearsly, towards enabling him to raise the company he is appointed to by his Excellency General Washington.
That the company appointed by a resolution of Congress of the 22 January, to be raised under the command of Captain Samuel Morehead, for the defence of the frontier inhabitants and public stores, at and near the Kittanning, shall not be called to any other service without their consent.
That Charles Seitz be appointed adjutant to the corps commanded by Major Ottendorf, in the room of Bartholomew Van Hare, appointed in the artillery.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, I, folio 141.]
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The committee for devising ways and means for aiding the recruiting service, and preventing abuses therein, brought in a report, which was ∥read and∥ taken into consideration; Whereupon,
Resolved, That it be recommended to the executive powers of each of the United States, to enquire into the conduct of all officers on the recruiting service within them respectively; to remove all such as belong to the batallions of their respective quotas, who have neglected their duty, or abused the trust reposed in them, and shall be found within their respective jurisdiction; and to fill up all vacancies which may happen by such removals; to transmit to Congress all such testimony as shall be taken against any officer or officers, who may have marched or removed from the State to whose batallions he or they belong, and against any officer or officers belonging to the quota of another state, who may have been guilty of neglect or misbehaviour in the State where the enquiry shall be made.
That it be recommended to the said executive powers to procure exact returns of the continental troops in each, and transmit the same to Congress, without delay. And all officers and soldiers of the continental army, are hereby required to pay the strictest regard to the orders of the executive powers of the several States touching the aforesaid premises.
Resolved, That all such Companies as shall not on or before theday ofnext, muster to the number of, shall be immediately thereafter dissolved, and the non commissioned Officers and Privates thereof, shall be incorporated into any other complete Companies of the same Battalions, at the choice of the said non commissioned officers and privates respectively, and the Commissions of all the Officers of every such dissolved Company, shall from and after such dissolution be Void.
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Resolved, That it be recommended to the legislatures of each of the United States, to enact laws exempting from actual service any two of the militia, who shall, within the time limited by such laws, furnish one able-bodied recruit, to serve in any batallion of the continental army for the term of three years, or during the present war: such exemption to continue during the term for which the recruit shall inlist, and every such recruit to be entitled to the continental bounty, and other allowances:
That it be recommended to the legislatures aforesaid, respectively, to enact laws, compelling all such persons as are by laws exempted from bearing arms, or performing militia duties, by reason of religious Scruples or particular privileges other than such as are specified in the foregoing resolve, to furnish such a number of able-bodied soldiers, as the said legislatures respectively shall deem a proper equivalent for such exemptions; such soldiers to be entitled to the continental bounty and other allowances, over and above such gratuities as they may receive from those who procure them to inlist:
Also, to permit the inlisting of servants and apprentices, and to make Compensations to their Masters equal to the Value of their Services and to prohibit the imprisoning, or otherwise restraining the persons of soldiers in the continental service, for any debt not exceeding fifty dollars.1
[Note 1: 1 "The Resolution with respect to servants was originally followed by a clause requiring compensation to be made to owners and masters; but it fell through on an equal division; those voting against it, who were most interested in the affirmative." Thomas Burke to Caswell, 15 April, 1777. North Carolina Colonial Records, xi, 450.]
And, whereas, it is of the greatest moment to the cause of American freedom, that an army of considerable strength take the field early the ensuing campaign,
Resolved, That if the several quotas of the States cannot be furnished by any of the means recommended in the
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foregoing resolutions, or any other means by the said legislatures devised, before the 15th day of May next, it is recommended to each State, to cause indiscriminate draughts to be made from their respective militia without regard to Rank, Sect of Religion or other Privilege whatsoever.
That it be recommended to the said legislatures, to apply all the means by these resolutions recommended, in the manner which they shall judge most effectual for speedily compleating the army, and, in case they shall prove unsuccessful, that they cause the draughts aforesaid to be made.
Resolved, That the executive power of each State, be authorized and empowered to order such officers, as they shall judge proper, from the respective batallions and companies of their respective quotas, to remain within the State, for the purpose of aiding in inlisting and collecting the recruits, which may be furnished under the above recommended regulations, and to convey the same to the batallions and companies to which they shall belong; such officers to be under the direction of such executive powers respectively.1
[Note 1: 1 This report, in the writing of Thomas Burke, is in the Papers of the Continental Congress, No. 21, folio 127.]
The committee appointed to confer with the board of war of Pensylvania, brought in a report, which was taken into consideration; Whereupon, Congress came to the following resolutions:
Whereas the State of Pensylvania is threatened with an immediate invasion, and from the adjournment of the legislative and executive authority of the commonwealth, it is impracticable to carry into immediate execution, many measures of the utmost importance, not only to the safety of this commonwealth, but likewise to the general welfare of the United States,
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Resolved, That it is the indispensable duty of Congress, to watch over all matters, the neglect of which may, in its consequences, deeply affect the welfare of the United States, till such time as the legislative and executive authorities of the commonwealth of Pensylvania, can resume the [regular] exercise of their different functions.
Resolved, That his excellency the president of the supreme executive council of the commonwealth of Pensylvania, be requested, forthwith, to convene the legislative and executive authorities of the State of Pensylvania, in order that proper measures may be pursued for the defence of the same.
Resolved, That a committee of three be appointed to confer with the president of the supreme executive council, with such other members of the said council as can be convened, with the board of war for the State of Pensylvania, and with the delegates of the said State in Congress, concerning the mode of authority which they shall conceive most eligible to be exercised, during the recess of the house of assembly and the council, in order that the same, if approved of by Congress, may be immediately adopted1.
[Note 1: 1 This report, in the writing of William Duer, is in the Papers of the Continental Congress, No. 20, II, folio 1.]
The members chosen, Mr. S[amuel] Adams, Mr. [William] Duer and Mr. R[ichard] H[enry] Lee.
The committee appointed to revise and amend the articles of war, brought in a report, which was taken into consideration; Whereupon,
Resolved, That, from and after the publication hereof, the 2d article of the 8th section, the 1st article of the 11th section, the 8th article of the 14th section, and the 2d article of the 18th section, of the rules and articles for the better government of the troops raised, or to be raised, and kept in pay, by, and at the expence of the United States
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of America, passed in Congress the 20th day of September, seventeen hundred and seventy-six, shall be, and they are hereby, repealed; and that the four following articles be substituted in the place and stead thereof.
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under sentence of death, by a general court martial, which he may order to be suspended until the pleasure of Congress can be known, which suspension, with the proceedings of the court martial, the said general shall immediately transmit to Congress for their determination. And every offender, convicted by any regimental court martial, may be pardoned, or have his punishment mitigated by the colonel, or officer commanding the regiment.
Resolved, That the resolution, passed the 27 of December last, for erecting a magazine and laboratory in the town of Brookfield, in the state of Massachusetts bay be repealed; and that, instead thereof, a magazine sufficient to contain 10,000 stands of arms, and two hundred tons of gunpowder, and a laboratory adjacent thereto, be erected in Springfield, in the said State.
Resolved, That a committee of three be appointed, to consider what reward it will be proper to offer, for destroying or taking the enemy's ships of war and transports:
The members chosen, Mr. J[ohn] Adams, Mr. [Daniel] Roberdeau and Mr. [James] Wilson.
Resolved, That a committee of three be appointed to enquire into the mode heretofore observed by officers, in making up their pay rolls, and to prepare a resolution for preventing any abuses therein:
The members chosen, Mr. [Daniel] Roberdeau, Mr. [Thomas] Burke and Mr. [Benjamin] Rumsey.
A memorial from James Caldwell was read:
Ordered, That it be referred to the Board of Treasury.
The committee appointed to enquire into the conduct of the commissaries, reported,
"That they have made the enquiry directed, as far as time and opportunity would admit; and find that the conduct of several, employed in that department, is very
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exceptionable, discovering either a want of ability or integrity in discharging their trust, by which means, the public will probably suffer great loss, and the same extravagance and dissipation of public money continue, while such numbers of disqualified persons are continued in that employ, who, regardless of the general good, are raising the prices of the articles they purchase by bidding upon each other, under an idea of receiving commissions or compensations proportioned to the sums they expend;" Whereupon,
Resolved, That for preventing the like impositions for the future, commissaries be commissioned by Congress, in different districts, under proper regulations, in which their duty shall be clearly ascertained.1
[Note 1: 1 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 29, folio 73.]
That the committee who brought in the foregoing report, be directed to prepare and bring in, a draught of regulations for the purpose before-mentioned.
Mr. [Abraham] Clark, upon his application, obtained leave of absence to visit his family.
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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