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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 --TUESDAY, APRIL 29, 1777
A letter of the 18, from William Aylett, commissary in Virginia, was read.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, I, folio 81.]
Ordered, That the said letter be referred to the committee on the commissary's department; and that a copy of the said letter, so far as it relates to procuring provisions for the army, be made out and delivered to Mr. Joseph Trumbull, commissary general, who is directed to give the necessary orders respecting the same.
Congress resumed the consideration of the report from the Committee of Treasury of the 11th; Whereupon,
Resolved, That one thousand dollars be advanced to Major Ottendorf, for recruiting his corps of rangers; and that he be directed, forthwith, to produce a certificate from the commissary general of musters, or deputy muster master general in this department, of the number of soldiers inlisted into his respective companies.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, I, folio 117.]
The Board of War brought in a report, which was taken into consideration; Whereupon,
Resolved, That Baron Ernst Siegsmond be appointed first lieutenant, and John Conrad Latour, second lieutenant, in the corps commanded by Major Ottendorff.3
[Note 3: 3 This report is in the Papers of the Continental Congress, No. 147, I, folio 153.]
The committee appointed to confer with the president and council of the Delaware State, on the necessity of calling out one thousand five hundred of the militia thereof, well armed and accoutred, to rendezvous at Chester, on Delaware, reported,
"That they, together with General Mifflin, met the president and council at Wilmington, in the said State,
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and conferred with them on the business aforesaid; that the said president and council gave assurance to your Committee that they were willing and desirous to comply with the requisition of Congress for the aid of the militia aforesaid, and that every mean in their power would be used to draw forth the number required: but they apprehended that this might be more probably effected, by fixing the place of their rendezvous near the Delaware, within the said State, and which would not be more than six or seven miles distant from the general rendezvous proposed at Chester: that your committee, with the approbation of General Mifflin, acceded to the proposal of fixing the place of rendezvous for the militia of the said State within the same, as the most probable means of obtaining their aid and service, and beg leave to recommend the same to Congress as equally advantageous to the public service;" ∥Whereupon,∥
Resolved, That the said report be accepted and agreed to.
Agreeable to the order of the day, Congress resolved itself into a committee of the whole, to take into consideration the letter from General Gates, and the papers enclosed ∥referred to them;∥ and, after some time, the president resumed the chair, and Mr. F[rancis] L[ightfoot] Lee reported, that the committee have had under consideration the letter and papers to them referred, and have come to sundry resolutions, which he was ordered to report.
The report from the committee of the whole being read, was agreed to, as follows:
Resolved, That General Washington be directed to write to the eastern States, from whence the troops to be employed at Ticonderoga are expected, and to request them, in the name of Congress, to adopt and pursue every means, particularly those recommended by Congress, in
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their resolutions of the 14 of this month, for completing and forwarding the regiments which he has already ordered for that service, it being the opinion of Congress, that a delay in this matter will be attended with the loss of that important pass:
That the convention of New York be requested to give all possible aid of the militia of their State, to keep open the communication between Albany and Ticonderoga; and that an extract of General Gates's letter of the 19, to General Washington, relative to the increase of tories, be transmitted to the said convention:
That General Gates be informed of the measures taken by Congress to reinforce him with men, and to supply him with money; that he be informed, that it is not the wish of Congress that he retain possession of that part of Ticonderoga which lies on the west side of Lake Champlain, if, in his judgment, the great point of preventing the enemy from penetrating the country may be better obtained by applying his whole force to the strengthening and securing Fort Independence and the water defence of Lake George:
That, if Major General Gates shall be of opinion, that there are not a sufficient number of carpenters employed on the vessels at Lake George, he be authorized and directed immediately to engage as many as he shall think necessary for completing, with the utmost despatch, the water-craft now erecting on that lake:
That General Washington be directed to send to Congress the names of the general officers ordered to repair to Ticonderoga, and the names and number of the regiments under marching orders for that place:
That General St. Clair be informed, by express, of the approach of the enemy to Ticonderoga, and that he be directed to repair, without loss of time, to that place.
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Resolved, That the commissioners of Indian affairs at Albany, be directed to accept of the offer made by the Oneidas, in their speech of the 19th of March, to Colonel Elmore, to send scouts to watch the motions of the enemy at Oswegatchie; and that a copy of the said speech be transmitted to the commissioners at Albany.1
[Note 1: 1 On a letter form Colonel Samuel Elmore to General Schuyler, dated at Fort Schuyler, March 20, 1777, in the Papers of the Continental Congress, No. 166, folio 373, are found the following resolutions, in the writing of William Duer:
"That General Gates and the Commissioners of Indian Affairs be directed to hold a conference with the Oneidas, and to accept of their offer to send Scouts to watch the Motions of the Enemy at Oswegatchie.
"That the Commissioners of Indian Affairs at Albany be directed to accept of the offer made by the Oneidas on their Speech to Colonel Elmore of the 19th March to send Scouts to watch the Motions of the Enemy of Oswegatchie, and that a Copy of the said Speech be transmitted to the Commissioners at Albany."]
Sundry amendments being offered to the resolutions passed on the muster master's department,
Resolved, That the committee formerly appointed to regulate the department of the muster master, be directed to revise the resolutions passed on that subject, and that the amendments now offered be referred to them.
A letter of the 26, from General Washington, enclosing a copy of a letter to him from General Howe, was read.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 152, IV, folio 111.]
The Committee of Treasury reported,
That there is due to Walter Drummond, for boarding sundry troops belonging to Captain Hand's company, the sum of 30 43/90 dollars:
That there is due to Christian Dull, for provisions supplied to sundry troops on their march, the sum of 38 dollars:
That there is due to Lieutenant John Ellis, of the 2d Pensylvania batallion, for sundry provisions he supplied a party of men who were left sick under his command in Canada, 6 22/90 dollars:
That there is due to Colonel Evan Evans, for the balance
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of the pay roll of his batallion of Chester county militia, in the service of the United States, from the 4th December, 1776, to the 30 January, 1777, the sum of [£818 3 3=] 2,181 69/90 dollars.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 139.]
Ordered, That the said accounts be paid.
The Board of Treasury, brought in a farther report, which was taken into consideration; Whereupon,
Resolved, That it be recommended to the several States, forthwith, to order the sums advanced by them for recruiting the continental batallions raised by the said States, together with the names of the officers receiving the same, to be transmitted to the pay masters of such batallions; and that the said pay masters be respectively required, to call such officers to account therefor; who shall produce certificates from the muster master or deputy muster master general, specifying the number of non-commissioned officers and soldiers, and also, if officers of the light-horse, the number of horses, and arms and equipage belonging to their respective regiments, companies or troops, together with such other vouchers as shall be necessary to prove the sums expended for these articles, the subsistence of the troops before their joining the army, the loss of money by the deaths or desertions of non-commissioned officers and soldiers before muster, or other necessary expences; and it is further recommended to the said States, that they order the said regimental pay masters to report to them, the settlement of the said accounts, together with the vouchers to be produced when confirmed by the said States, to the Treasury Board, on adjustment of their accounts:
That it be recommended to the said states, that if any of the pay masters shall neglect to obey their directions, as aforesaid, to order their names to be transmitted to the
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commander in chief of the department, who shall, thereupon, remove from office, such delinquent pay masters, and supply their places with such others as he shall think qualified therefor:
That if any officer shall not, within one month after application for that purpose, render such accounts, the regimental pay master requiring the same, shall make report thereof to the commander in chief of the department, who shall order a court-martial on such officer, [and also on such other officer as shall be guilty of embezzling the public money;]1 and the fact being ascertained by their reports, shall immediately cause him to be cashiered, and a copy of the report delivered to the regimental pay master, to be transmitted to the State to which he belongs, that such State may give proper orders for compelling the delinquent officer to account in a court of justice:
[Note 1: 1 These words are in the writing of Elbridge Gerry.]
That duplicate accounts of all monies advanced by Congress, by general officers, and by the pay master and deputy pay masters general, for recruiting continental batallions, be transmitted by the Treasury Board, such general officers, pay master and deputy pay masters general respectively, to the commissioners of accounts for the army in the northern and middle departments, who shall deliver the same to the respective regimental pay masters, to enable them to call the officers, chargeable with such money, to account, in the manner before directed; and the said regimental pay masters shall transmit to the respective commissioners, aforesaid, the settlement of such accounts, with the vouchers, who shall report to the treasury office those which are approved by them, and shall proceed with the regimental pay master neglecting to obey their directions herein, and officers not
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accounting for the monies by them received as aforesaid, in the manner proposed to be pursued by the States, in ∥consequence of∥ the preceding resolve:
[That the general officers, pay master and deputy pay masters general respectively, be also directed, to transmit to the treasury office, duplicate accounts of all monies advanced by them for recruiting continental batallions as aforesaid:]
That all regimental pay masters be directed to apply to the respective commissioners, for accounts of the sums advanced to their officers, as aforesaid:
That all commissioners of claims or accounts be empowered to administer oaths or affirmations to persons examined by them in the execution of their office:
[That accounts received by the auditor general, or, in his absence, the assistant auditor, from the commissioners of claims, agreeable to a resolve of Congress, of the 13 of March last, be approved by them respectively, before such accounts are reported to Congress.]1
[Note 1: 1 This report, dated April 24, is in the Papers of the Continental Congress, No. 136, I, folio 131. The paragraphs in brackets are in the writing of Elbridge Gerry. It is endorsed "April 25. Partly agreed to, the rest postponed. Remainder agreed April 29."]
Whereas Major General Schuyler, commanding officer at this pest has represented that
That all pay rolls of the militia which shall be tendered to Congress or the Board of Treasury, for payment, be referred, for examination and adjustment, to the Commissioners of Claims; and reports thereon shall be made to the Treasury Board; who, approving thereof, shall issue their warrants for the discharge of the same, on the pay master appointed for that purpose; and that all resolutions heretofore passed, which are repugnant to this mode of settlement and payment, be repealed.
Whereas, by a resolution of Congress, passed on the
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5th of November, 1776, it is directed, "That all accounts for services done, or articles supplied the northern army, shall be presented to the commissioners for settling accounts, and that so much thereof as shall be approved by them, and confirmed by the general, be paid by his warrant on the pay master:" And, whereas, doubts have arisen, whether, by the said resolution, it is not required of the general, to enter into the detail and examination of the said accounts, to enable him to confirm the report of the commissioners; and such duty being, in time of war, impracticable;
Resolved, therefore, That so much of all the accounts, above described, as shall be approved by the commissioners, and not objected to by the general, shall be paid, by his warrant, in the manner the said resolution prescribes.
Resolved, That there be allowed to each of the commissioners for settling the public accounts of the army in the northern and middle departments, while they, respectively, continue in that office, at and after the rate of four dollars a day.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 127.]
A letter, of the 26, from Governor Johnson, of Maryland, enclosing a copy of a letter, from the said governor, to James Nicholson, captain of the Virginia, and of Captain Nicholson's answer, being received, was read:2
[Note 2: 2 These papers are in the Papers of the Continental Congress, No. 70, folios 195, 197, and 201.]
Resolved, That the same be referred to the Marine Committee, and that they report thereon to morrow.
That the said committee be directed to order Captain Nicholson to dismiss all the men he has impressed, and not to depart with the frigate till further orders.
Resolved, That two members be added to the said committee:
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The members ∥chosen,∥ Mr. P[hilip] Livingston for New York and Mr. W[illiam] Smith, for Maryland.
At a Board of War, 29th April, 1777
Agreed to Report to Congress.
That, the Council of the State of Massachusetts Bay, be desired to take into their farther Consideration the case of the Inhabitants of Cumberland and Sunbury Counties in Nova Scotia, who are Sufferers by their Attachments to the American Cause, and that the said Council be requested to devise and put in Execution such Measures Recommitted at Continental Expence as shall by them be thought practicable and prudent for the Assistance and relief of the said Sufferers, either to enable them to bring off their Families and Effects, or to defend the said Counties against the Enemy. The Forces destined for this Service, to be raised in such places as will the least interfere with the raising their Quota of Continental Troops and not to exceed the number of1
[Note 1: 1 See under May 13, 1777, post.]
That if fifteen complete Battalions be furnished by New Hampshire and Massachusets Bay, as part of the Continental Army, then, and in such case, three Battalions, the residue of the Quotas of these States, may be employed in Nova Scotia in such ways as shall be thought most conducive to general Advantage, either by acting offensively or affording Protection to such of the Inhabitants of that Province as are Friends to the United States.2
[Note 2: 2 This paragraph was struck out.]
That an Order on the Loan Officer at Boston be drawn in favour of the President of the Council of Massachusetts Bay, for Two thousand Dollars, to be paid by him to John Allen Esq., Continental Agreed Agent for the Indian Affairs in the Eastern Department [to be employed in the service of that Department:]3 the said Mr. Allen to be accountable for the expenditure.4
[Note 3: 3 The words in brackets were inserted by John Hancock.]
[Note 4: 4 This paragraph is printed under May 6, 1777, post. This report is in the Papers of the Continental Congress, No. 147, I, folio 155.]
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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