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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, APRIL 19, 1777
Resolved, That the resignation of John Trumbull, late deputy adjutant general of the northern department, be accepted:
That General Gates be empowered to appoint a deputy adjutant general for the northern department.
Resolved, That three persons be appointed as a board of assistants to the Marine Committee, with a salary of 1,500 dollars per annum each, to reside at or in the neighbourhood of Boston, in the state of Massachusetts bay, with power to adjourn to any part of New England; who shall have the superintendance of all naval and marine affairs of these United States, within the four eastern states, under the direction of the Marine Committee.
That the appointment of the said commissioners be made on Tuesday next.
A letter of the 27 of March, from the commissioners for settling accounts in the northern department, to the Board of Treasury, was laid before Congress, and read:
Ordered, That the same be referred to the committee appointed to devise regulations for the commissary's department.
Resolved, That three more members be added to the said committee, and that the committee be directed to confer with Mr. Trumbull on his arrival.
The members chosen, Mr. [James] Duane, Mr. W[illiam] Smith, and Mr. [Elbridge] Gerry.
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Ordered, That a copy of such parts of the above letter as relates to draughts made on the pay master for stock, &c. taken by officers, and such other parts as relate to irregular draughts made, be sent by the Board of Treasury to General Gates.
The committee 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, brought in a report, which was read:
The Committee appointed to inquire into the mode heretofore observed by officers in making up their payrolls and to prepare a resolution for preventing any abuses therein.
That it is represented to your Committee that Abstracts heretofore made of the Companies in the Continental Battalions have truly stated the time of Service of every Officer and Soldier; but where any Soldier died or deserted in the Interval between the monthly pay days, the pay due to all such Soldiers remained in the Hands of the paying Officer unless any representative claimed in right of such as died.
That when any Soldier died indebted to the paying Officer, it was usual to let the name of such Soldier remain on the pay List until a sufficiency accrued to satisfy the Debt.
The Soldiers have been enlisted on New Establishments before the time of Service on former Enlistments has been Completed, and that double pay has been drawn from the Treasury for the portion of the former time of service which was unexpired at the time of the last enlistment.
That Officers who are in advance to their Soldiers must lose such advance, because by the present Establishment they cannot stop the same from the soldiers, their pay being paid by a Regimental paymaster.
Whereupon your Committee beg leave to recommend the following resolutions.
Resolved, That all pay and other allowance due to any deceased officer or soldier of the Continental army shall be paid into the Treasury, in order that the same may be safely kept to be accounted for to the lawful Representatives of such Officers and Soldiers.
That when any officer or soldier shall desert, all pay and other allowances due to such officer or soldier at the time of desertion, shall
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be deemed forfeited to the United States, and the same shall be paid into the Treasury by the Paymaster.
That there is no Just foundation for the Practice of leaving the pay due to dead men and deserters in the Hands of the paying Officers; but that the same ought to have been paid into the Treasury. The pay due to dead men to be for the use of the Representatives, and that due to Deserters for the use of the United States. Therefore that the several Paymasters be directed to procure from the Several Battalions exact lists of all persons who have died or deserted, with the amount of pay and other allowances due to each, and the Names and Rank of the respective paying officers.
That there is no Just foundation for the practice of letting the pay of deceased soldiers run on until officers to whom they were Indebted are Indemnified. Therefore that all moneys received by any officer in consequence thereof ought to be refunded, to Effect which the Pay-masters ought to procure exact accounts of the time when the several deceased Soldiers of the Continental Battalions died, in order that by comparing the same with the abstracts the sums of money drawn after their decease may be known and the officers made accountable for the same.
That all double pay drawn for men who enlisted on a New Establishment before the time of service of a former Inlistment was expired ought to be refunded. To effect which the abstracts ought to be carefully compared by the Paymaster General, or Deputy Paymaster General, and a particular report made on the premises to the Treasury, in order that the paying officers may be made accountable.
That the officers who have heretofore paid the companies be permitted to pay them, until the end of the month which began before the Establishment of Regimental Paymasters commenced.
All which is humbly submitted.1
[Note 1: 1 This report, in the writing of Thomas Burke, is in the Papers of the Continental Congress, No. 21, folio 131.--1. It is endorsed as having been read on April 21, as well as on April 19.]
Ordered, To lie on the table.
A remonstrance of Joseph Hugg and Israel Morris, Junr. was read.2
[Note 2: 2 This remonstrance is in the Papers of the Continental Congress, No. 43, folio 123.]
Resolved, That General Washington be directed to take effectual measures for removing all provisions, cattle,
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carriages, and forage, which he may think in danger of falling into the hands of the enemy, particularly in the parts of the country through which their route may lie, should they attempt to march; and that he give directions to all officers employed on this duty, to be careful not to deprive the inhabitants of what may be necessary for their immediate subsistence; and to cause all provisions, cattle, carriages, and forage, removed, to be appraised to a just valuation, that the owners may be paid for the same.
The Board of War brought in a report, which was taken into consideration; Whereupon,
Resolved, That the Rev. Mr. Henry Miller be, and he is hereby appointed chaplain to the German batallion.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, I, folio 145.]
The Marine Committee having recommended John Rathburn to be captain of the armed sloop Providence,
Resolved, That he be appointed accordingly.
Resolved, That an order for 200,000 dollars be drawn on the commissioner of the loan office for the State of New York, in favour of Jonathan Trumbull, Junr. deputy pay master general, for the use of the army in the northern department; the said deputy pay master general to be accountable.
The committee appointed to devise ways and means for suppressing the dangerous spirit of toryism in the counties of Somerset, Worcester [Maryland] and Sussex [Delaware] and preventing the disaffected persons therein from taking measures prejudicial to the cause of the United States, brought in their report, which was taken into consideration; Whereupon,
That the Counties above mentioned consist at least betwixt four and five thousand Men, two thirds of whom are highly disaffected to the Measures pursued by the United States for the Establishment of their Freedom and Independance.
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That from the assiduous Arts of Persons of Influence amongst the Malignants, and from the Want of Spirited and decided Measures an ill judged Lenity in the States of Delaware and Maryland the dangerous Spirit of Toryism has acquired Strength, and at several Times has broke out into open Acts of Treason against the Liberties of the United States. That from the Maratime Situation of these Counties, an easy Access is open to the Enemies Armed Vessels, and that the notorious Disaffection of the Inhabitants will naturally invite the Enemy to land Part of their Force in those Counties, where they probably would be joined by a considerable Body of Insurgents who only wait an Opportunity to fall upon the defenceless Sons of Freedom in that Quarter, and to perpetrate those Acts of Cruelty and Devastation which have hitherto been consequent to such Insurrections.
That a timely Attention to prevent these Evils is not only necessary from these Considerations, but likewise from the ill Consequences which may accrue to the General Cause, should such an Insurrection break out at the Time when the Enemy with the main Body of the Army may be bending their Force against the City of Philadelphia.
To avert these impending Evils the Committee beg leave to submit to the consideration of Congress the following Resolutions.
Resolved, That it be earnestly recommended to the legislative or executive authorities of the states of Delaware and Maryland, forthwith to apprehend and remove all persons of influence, or of desperate characters, within the counties of Sussex, Somerset, and Worcester, who have betrayed or manifested a disaffection to the American cause, to some remote or secure place or places within their respective States; there to be secured without any person having access to them, unless by license first obtained from such civil or military officer as the government of the respective States shall think proper to appoint for that purpose: to take away the fire-arms of all such of the inhabitants of the counties above-mentioned, as have not hitherto manifested an attachment to the cause of America, excepting such in the counties of Worcester and Somerset, in the state of Maryland, as may have complied with the proclamation issued by the said State,
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in the month of February last, the said arms to be disposed of by the respective States as shall be deemed most conducive to the general weal: to enact laws appointing commissioners in each of the counties above-mentioned, whose business it shall be to make inventories, and to take charge of the personal estates of the persons so removed, and to receive the rents arising from their real estates, in order that the same may be appropriated as a fund for their maintenance, till the government of the respective States shall otherwise direct; and vesting the said commissioners with full and adequate powers to enquire into, detect, and defeat, all plots or conspiracies formed in the respective counties against the liberties of America.
And, for facilitating the expeditious execution of the above resolutions,
Resolved, That the governor of the State of Maryland be authorized to detain the weakest continental batallion raised in the state of Maryland, till further order of Congress; and that it be recommended to the executive authority of the state of Maryland, forthwith, to embody three hundred of the militia of the said State, and to the executive authority of the State of Delaware, one hundred of their militia, the said militia to co-operate with the batallion of the continental troops, to obey the orders of the officer commanding the same, and to continue in service so long as the joint executive authorities of the States of Delaware and Maryland shall think necessary.1
[Note 1: 1 This report, in the writing of William Duer, is in the Papers of the Continental Congress, No. 20, II, folio 201.]
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock on Monday.
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