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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, JUNE 5, 1777
A letter, of the 2 from General Washington, at Middlebrook, enclosing a copy of a letter from General Gates, of the 30 May, at Albany, and one, of the 27 of the same month, from General Poor, at Ticonderoga, ∥were read:∥1
[Note 1: 1 The letter of Washington is in thePapers of the Continental Congress, No. 152, IV, folio 221.]
Ordered, That the same be referred to the Board of War.
The Board of War brought in a report, which was taken into consideration; Whereupon,
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Resolved, That the clause in General Gates's letter, relative to money, be referred to the Board of Treasury:
That the state of the military chest in the northern department, as transmitted by General Gates, in his letter of the 24 ultimo, be referred to the Board of Treasury:
That Abiathar Rhoades have a pass to go to Governor Trumbull, by the way of Easton and Sussex court house; and that it be left to Governor Trumbull's discretion, whether, or not, the said Abraham Roades shall be permitted to go to Long Island, as he requests in his petition to Congress.
At a Board of War4th June 1777
Whereas Congress did on the 16th Day of September in the year 1776 resolve, that the Legislative powers of each of the thirteen United States, should appoint all the Officers in the Regiments to be raised in their respective States; and whereas some States proceeded to the appointment of their Officers at an earlier Day than others, by which Means many of those who were Junior Officers before the said 16th September would take Rank of Senior ones, altho' they should both be promoted to the same Rank in the new Army, to prevent which and that no Controversies may hereafter arise on the subject of Rank it is Resolved,
1. That, every Officer in the Army of the United States, under the Rank of a Brigadier General, who has been promoted or appointed by Congress, by the Commander in Chief, or by the Legislative or executive authority of any of the States, having authority so to do, by virtue of the abovementioned or any Resolution of Congress since the said 16th day of September; and who are not yet Commissioned, shall have their Commissions dated as on the 17th September; 1776, and such who are already Commissioned, the Commander in Chief or Commander in any Department, shall alter to that Date; The Date of said Commissions respecting only the Rank of the Officers, their pay shall commence from the respective times of their Appointments.
2. That all Persons who were Officers before the said 17th day of September and continue so to be, shall have their Rank in the Army determined from the Dates of their Commissions previous to that Day, and if the Commissions of any two or more were of equal Date, the
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Rank of such, with Respect to each other, shall be determined by their former Rank in the Army of the United States, and where that has always been equal then by Ballot to be taken in such manner as the Commander in Chief shall Direct.
3. That, all Persons having heretofore served as Officers in the Army of the United States, and promoted on or since the 17th September, 1776, shall have their rank with respect to each other determined from their former Rank and Date of former Commissions, and if any two or more were of equal Rank, before such Promotion, and all of whose former Commissions bore the same Date, their Rank with respect to each other, shall be determined by Ballott to be taken in such manner, as the Commander in Chief shall direct.
4. That all Persons who have not heretofore been Officers in the Army of the United States and who have on or since the 17th September last been made so, shall have their rank with respect to each other determined by Ballot, to be taken in such Manner as the Commander in Chief shall direct.
5. That the Commander in Chief and Commanders of each Department respectively, shall order Returns to be made to them by the Colonels or Commanding Officers of Corps, specifying the different ranks in which every Officer of such Corps hath or doth serve, with the date of the Commissions he hath held, and the date of the Commission he doth now hold, and where no Commissions have been Issued to them, the date of the appointment, noting by whom such appointment was made. And any Officer whatsover that shall presume to make a false Return of the date of his Commission, or of the Rank he holds, or did hold, shall upon Conviction be Ipso facto, Cashiered.
6. That the Board of War immediately write to the Governors, Presidents or Councils of Safety of each of the United States to send a Return, specifying the Names of the different Officers, times of their Appointment, and Rank they hold in the new Established Regiments.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, I, folio 197. It contained the paragraphs on Gates and Rhoades dated June 3. It is endorsed by John Hancock:
"Agreed to send a copy to Gen. Washington, he to point out the objections if he has any." See under July 17, 1777,post.]
Resolved, That the farther consideration of the report be postponed.
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Agreeable to the order of the day, Congress resolved itself into a Committee of the Whole to take into consideration the commission to A[rthur] Lee, Esqr., and the state of foreign affairs, and after some time the President resumed the chair and Mr. Francis L[ightfoot] Lee reported, that the Committee have agreed to the form of a commission to Arthur Lee, Esqr., and come to a resolution on the instructions given to the Commissioners.
The Commission reported by the Committee being read, was agreed to.
Ordered, That a commission be made out and forwarded to Mr. Lee.
The resolution reported from the committee of the whole being taken into consideration, and upon the question put to agree to it, carried in the negative.
Ordered, That R[ichard] H[enry] Lee have leave of absence, his health and private affairs requiring his return to Virginia.
Resolved, That Mr. [Roger] Sherman, Mr. [Henry] Merchant, and Mr. [Nicholas] Vandyke, be added to the Marine Committee.
A letter, of the 4, from Brigadier General Conway, to the board of war of the State of Pensylvania, was laid before Congress, and read; also, a memorial from James Mease, was read:1
[Note 1: 1 The memorial of Mease is in thePapers of the Continental Congress, No. 41, VI, folio 11.]
Ordered, That the same be referred to the Board of War.
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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