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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, JUNE 10, 177
A letter, of the 6, from Joseph Trumbull, commissary general, was read;
And of this day, from Major General Arnold, were read:1
[Note 1: 1 The letter of Joseph Trumbull is in thePapers of the Continental Congress, No. 78, XXII, folio 233. That of Arnold is in No. 162, folio 90.]
Resolved, That General Arnold be, and he is hereby directed immediately to repair to Trenton, and there conduct himself agreeable to the orders of the commander in chief.
Resolved, That it be earnestly recommended to the president and council of the State of Delaware, to give orders to the militia of that State, to hold themselves in readiness to march at a moment's warning, and to take measures to call forth into actual service 1,500 of the militia as soon as possible; and that they order the said militia to rendezvous at or near Wilmington, or Chester.
A petition from William Fields and Matthias Sappenfield, and another from Thomas Rutherford, and sixteen others, prisoners from North Carolina, were read:2
[Note 2: 2 The petition of Rutherford is in thePapers of the Continental Congress, No. 42, VI, folio 148.]
Ordered, That they be referred to the Board of War.
A motion being made, and seconded, that the commissary general, and all other persons entrusted with public money, give bond and security for the faithful performance of their duty, and well and truly to account for the money that shall come into their hands respectively,
Resolved, That the same be referred to a committee of three:
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The members chosen, Mr. [Elbridge] Gerry, Mr. [Thomas] Burke and Mr. [Henry] Marchant.1
[Note 1: 1 In thePapers of the Continental Congress, No. 29, folio 65, is the following, in the writing of Thomas Burke, and endorsed: "Report respecting the Commissary Department, --, 1777."
"Resolved, That the Treasurer or Deputy Treasurer, the Commissary general of Purchases, the Commissary general of Issues, and every Deputy Commissary general of Issues, The Quarter master general, and every Deputy Quarter master general, the Director general, and D. Directors general, Paymasters and Deputy Paymasters general, Cloathier general, Commissary general of Military Stores,
"Shall each respectively enter into bond with Security to be approved by the Board of Treasury in such sum as the said Board of Treasury shall require.payable to the President of Congress--or successor for the use of the United States, the Condition of which bond shall be as follows,
"If the Saidshall well and faithfully discharge the duty ofto which he is appointed and well and faithfully account for all sums of public money, wherewith he shall at any time be entrusted in virtue of such appointment, and well and faithfully pay all and every balance or balances which he shall owe to the United States, when thereto required, then the obligation to be void, otherwise to remain in full force.
"And if at any time any of the aforesaid officers shall neglect or refuse to make returns, and account at such times as are or shall be required by the resolutions of the Congress, or upon accounting shall be found indebted to the United States, and shall neglect or refuse to pay such sum or sums of money as he shall owe, into the public treasury, or to such person or persons as the Congress shall authorize to receive the same withindays after he shall be required thereto by an attested copy of such Resolution of Congress, as shall be passed for making such requisition he being personally served therewith, or the same being left at his last or usual place of abode, in every such case the penalty of such bond shall be deemed forfeited, and the same or such part thereof as shall be sufficient to indemnify the public shall be recoverable.
"And it is recommended to the Legislatures of the several States to enact Laws for enabling speedy recovery to be had on all such forfeited bonds.
"Resolved, That for every other default or neglect of duty by the said officers respectively, their respective bonds may be proceeded on, and such recoveries had for breach of Covenant or obligation as shall be lawfully adjudged a sufficient indemnification--and no such bond shall be deemed discharged after one or more recovery or recoveries unless the whole penalty shall be exhausted."
No record of the day on which this report was made is entered on the Journals. Burke was on a similar committee, appointed March 13, 1778.]
Congress resumed the consideration of the report of the committee on the commissary's department,and having gone through the same, so far as brought in by the committee, thereupon:2
[Note 2: 2 Note.--The printed journals read: "The committee to whom was re-committed the report on the commissary's department, brought in the same amended, which being read, was agreed to as follows":]
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Resolved, I. That for supplying the army of the United States with provisions, one commissary general andthree ∥four∥ deputy commissaries general of purchases, and one commissary general and three deputy commissaries general of issues, be appointed by Congress.
II. That each of the said commissaries and deputy commissaries be authorized to appoint for himself one clerk.
III. That the deputy commissaries general have authority to appoint as many assistant commissaries to act under them as may from time to time be necessary, and the same to displace at pleasure, making returns thereof to the commissaries general respectively, who shall have full power to limit their numbers, to displace such as they shall think disqualified for the trust, and direct their respective deputy commissaries general to appoint others in their stead: that special care be taken by the several officers empowered as aforesaid, to appoint none but persons of probity, capacity, vigilance, and attachment to the United States, and the cause they are engaged in; and to make returns to the Board of War, the commander in chief, and the commander of the respective departments, of the assistant commissaries by them respectively appointed, their several places of abode, the time of their appointment and dismission, and the post, place, magazine or district to which they are severally assigned; and that the deputy commissaries general of purchases and issues in the same district make similar returns to each other.
IV. That the commissary general of purchases shall superintend the deputy commissaries general of purchases, and assign to each a separate district, who shall constantly reside therein, and not make any purchases beyond the limits thereof; and that every purchaser employed therein shall also have a certain district assigned him by the respective deputy commissary general, in which he shall reside, and beyond the limits of which he shall not be permitted to make any purchases, unless by special order of his superior, directing the quantity and quality of provisions so to be purchased beyond his limits, and informing such purchaser of the prices given by the stationed purchaser in the district to which he may be sent.
V. That the commissary general of purchases shall direct the deputy commissaries general in their respective districts, to inform themselves and assistants, as nearly as may be, of the prices for which the articles, which they are to procure, may be purchased, and that neither they nor any of the said assistants employed under their direction, exceed such prices; and if any deputy commissary general of purchases
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shall neglect his duty, or be guilty of any fraud or misconduct in his office, the commissary general may suspend him, and shall immediately certify the same to Congress, with the reasons for such suspension, and appoint a person to act in his stead, with all the powers of a deputy commissary general, until the sense of Congress shall be known thereon.
VI. That the present commissary general, by himself or his deputies, deliver unto the commissary general of issues, or his deputies or assistants, all and every kind of provisions and other public stores in the commissary's department, that now are, or at the time when such delivery shall be made, may be, in any of the forts ∥posts∥, places, magazines and store houses belonging to the United States, taking duplicate receipts for the same, one set whereof, together with a general return of all stores so delivered, to be sent to the Board of Treasury, that the commissary general of issues may be charged therewith.
VII. That it shall be the duty of the commissary general of purchases, with the assistance of the deputy commissaries general and assistant commissaries of purchases, to purchase all provisions and other necessaries allowed, or which may hereafter be allowed by Congress to the troops of the United States, and deliver the same to the commissary general of issues, or his deputies or assistants, in such quantities, and at such places or magazines as the commander in chief, or the commander of the respective department shall direct.1
[Note 1: 1 To this point the report is in the writing of Roger Sherman. A second, partial copy of the report, in the writing of John Lansing, with the paragraphs numbered upon another plan, begins with folio 23. It will be referred to as the Lansing copy, but only the more important differences will be noted. Both papers are in thePapers of the Continental Congress, No. 29, folios 7 and 23.]
VIII. That the commissary general of issues shall direct the respective deputy commissaries general, to station one of their assistants at every fort, post, place or magazine where provisions are or may be stored.
IX. That the commissary general of purchases shall furnish each of the deputy commissaries general and assistants, with a book, in which is to be entered every purchase by them respectively made: and that all the accounts may be kept in the same form, he shall cause the pages of such books to be divided into ten columns, in the first of which shall be entered the year, month and day in which any purchase is made; in the second, the name of the person from whom; in the
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third, in what place; in the fourth, the species and quantity of provisions, and if live stock, the number, colour and natural marks; in the fifth, the artificial marks and number; in the sixth, the prices; in the seventh, the amount of the purchase money; in the eighth, ninth and tenth, the weight of the meat, hides and tallow of the live stock as hereafter directed: and the commissary general of issues shall furnish each of the issuing deputy commissaries general and assistants with a similar book, in which shall be entered all provisions received by them from the purchasers respectively, the first column to contain the time of receiving such provision; the second, the name of the purchaser; and in each of the other columns, the entries before directed.
X. That each purchaser shall enter, in distinct ∥different∥ pages of the said book, each species of provisions by him purchased, and, at the end of every month, shall foot and transfer the said entries to a general account, specifying the quantity, amount, and average cost of each article, and shall also, in the course of the next succeeding month, send a copy of such account to the respective deputy commissary generals, who shall thereupon make out a monthly return of all the provisions purchased in his district, specifying the quantity, amount, and average cost of each species, as before directed,and shall transmit the same with copies of together with a copy of each purchaser's account, to the Board of War and commissary general of purchases, within the time limited as aforesaid.
11. And whereas it is necessary that separate and distinct accounts should be kept of every species of provision purchased1 that as many sheets shall be ruled into Columns as above directed as there are articles to be purchased in one of which all purchases of Flour shall be entered in another all purchases of Salted Meat in distinct Columns. Each of these to be looted at the end of every Month and transfered2 to one General Account and every purchaser shall also in the Course of the next succeeding Month send a Copy of the General Account to the respective D. Com General of purchases of the Department in which such purchases were
[Note 1: 1 it is resolved that all purchases of flour shall be separately entered by the respective purchasers on one or more pages of such book--Marginal note by Philip Schuyler.]
[Note 2: 2 That each species of provision shall be entered by the purchaser in distinct pages of sd Book and at the end of every Month shall [he] foot and transfer the same--Marginal note by Elbridge Gerry.]
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made, and that the Accounts of every Deputy Commissary General of purchases may be kept in the same Form, they are each to open a Book in which is to be entered, under the different Heads of Flour, salted Meat &c the Amount of each Species drawn from every purchasers Account Current with the Amount thereof, the purchasers Name and the averaged price. Each of these to be looted at the End of every Month, and the Average of the Agregate drawn and then transferred to one General account, Copies of each of which shall be sent by the Deputy Commissary General of purchases made up to the first Day of the Month in which such Accounts were directed to be sent by the preceeding Article to the Board of War1 and one other Copy to the Commissary General of purchases.
[Note 1: 1 on or before the last day of the month subsequent to that for which the accounts are made up--Marginal note by Philip Schuyler.]
That the Commissary General of purchases shall deliver all provisions by him or his Deputies purchased into the Magazine within, or into that nearest to, the District in which the purchases are made, unless otherwise directed by the Commissary General of Issues or his D. Commissary General in any Department and unless it be live Stock, which is always to be sent to such places as the Commissary General of Issues or his D. Commissary General in any Department shall direct.2
[Note 2: 2 out of which the said Commissioner shall regularly
Enter into this book, keeping the accounts of each department separately, and making a general return once in every month to Congress specifying the purchases made in each department since the last return--Marginal note by Philip Schuyler.]
XIII. That whatever provisions or Stores may be sent to any post place or Magazine by any purchaser shall be accompanied by Duplicate Invoices, taken from the Entries directed to be made in the Books mentioned in the 10th and 12th Articles, one of which together with the provisions or Stores shall be delivered by the stationed Commissary of purchases there to the issuing Commissary for his Use, who on the other shall give his Receipt for so much thereof as he may receive which receipt shall be transmitted by the sd stationed Commissary to the purchaser3
[Note 3: 3 Lansing copy.]
XI. That the purchasing commissaries deliver live stock and other provisions required by the commissary, or several deputy commissaries general of issues, at such places as the shall respectively direct
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XII. That the deputy commissary general of purchases in each district shall specially appoint one or more assistants to purchase live stock, who shall cause to be branded on the horns of all cattle by them purchased, the number and initial letters of their names respectively; and shall also have power to employ drovers, and a person at each place, to which they may respectively be directed to send cattle, to receive, kill, and deliver the same, as hereafter directed.
XIV. That every Creature purchased for the Use of the Army shall immediately thereafter be branded with the initial Letters of the purchasing Commissary's Name and the first Creature purchased by such Commissary shall be branded on the Horns with the Figure 1, the second with the Figure 2 and so on.1
[Note 1: 1 Lansing copy.]
XIII. That each drove of live stock, or quantity of provisions or other stores, that may be sent to any post, place, or magazine, by any purchaser, shall be accompanied with duplicate invoices, taken from the entries directed to be made in the books of the purchasing commissaries, one of which, together with the live stock or other stores, shall be delivered at such post, place, or magazine, to the person appointed to receive live stock, or to the issuing commissaries respectively, who, on the other ∥hand,∥ shall give his receipt for the articles received, to be transmitted to the purchaser by the person delivering the said articles; provided, that, if any live stock, under the care of the drover, shall be wanted at any other post than that to which they were ordered, the purchaser's deputy at such post may detain them, taking a copy of the invoice, as far as it respects the live stock detained, and giving his receipt for the same on the back of the said invoice, specifying their marks and numbers, and the person to whom the residue may be delivered, shall give his receipt therefor on the same invoice, and detain the other for his use as aforesaid.
XIV. That each drove of live stock shall be killed under the direction of the purchaser's deputy receiving the same, who shall weigh and deliver the meat to the commissary of issues of the respective posts, together with duplicates of the invoice left by the drover, entering in the eighth column the weight of the quarters of the several creatures; in the ninth, the weight of the hide; in the tenth, the weight of therendered tallow; and at the foot of each invoice, the number of heads and tongues; and the commissary of issues shall
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endorse his receipt on one of the invoices, and deliver it to the deputy aforesaid, who shall return it to the purchaser as his voucher, and to enable him to fill up the eighth, ninth, and tenth columns of the entries in his book; and the other shall be kept by the issuing commissary for his own use.
7. That the Commissary General of purchases specially appoint Deputy Commisaries in each Department to purchase Live Stock, giving power to the said purchasers so appointed to employ persons at such post as the Commissary or Deputy Commissary General shall direct, to receive and kill the Cattle and to deliver the Meat, Hide, Tallow, Head and Tongues to the Commissary of Issues at such post.1
[Note 1: 1 Lansing copy.]
XV. That the commissary general of purchases shall contract, by himself, or the respective deputy commissaries general, with one or more persons in each district, to make or supply a sufficient quantity of vinegar for the use of the army.
XVI. That the deputy commissaries general of purchases take special care to procure full supplies of vegetables, as being essentially necessary to the health of the army; and they are respectively empowered and directed, with the advice of the commander in chief, or commander of the respective district, to hire land therein, and raise such quantities of vegetables as are wanted, and cannot be otherwise procured for the army; and for this purpose, to employ suitable persons to conduct, and labourers to assist in carrying on the said business.
19 And whereas Experience has evinced that potatoes can be preserved in such a Manner as that the Crops of one Year will keep until that of the succeeding Year is fit for Use; the Com: General or the D. Com. Generals in each Department by and with the Advice of the Commander in Chief or Commander of the Department shall therefore fix upon one or more proper places in each Department on which to raise such Quantities of potatoes Turnips and other Vegetables as the Commander in Chief or Commander of a Department may direct, to rent Land therefore and employ persons to superintend and carry on the Works with a sufficient Number of Labourers.1
XVII. That the commissary general of purchases shall, from time to time, apply to Congress for all the money wanted in his department,
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and shall make the necessary advances to the respective deputy commissaries general, calling them to account as often as he shall judge it necessary; and the deputy commissaries general shall, in like manner, make advances of the money received of the said commissary general to their respective assistants, and call them to account as aforesaid.
XVIII. That the commissary and deputy commissaries general of purchases and issues, shall respectively be accountable for the conduct of the officers of their own appointment, and all the accounts of purchases and issues shall, once in six months, be settled by the respective commissaries general with the proper commissioners of accounts; each account of purchases to be vouched by the several bills and receipts of the venders, specifying the cost, and the receipts of the issuing commissaries, shewing the delivery of all articles therein charged; and each account of issues by the original victualling returns hereafter directed to be made, and receipts for all provisions charged therein as rations, or sent by the respective issuing commissary to any other: and the commissaries general shall produce the monthly returns of the several purchasing and issuing commissaries, to be used by the commissioners in adjusting the respective accounts.
19. That [the Commissaries General shall in Complaint to the Comm] for Neglect of Duty or other offence committed in the Army the Commissaries General shall be subject to military Arrest and Tryal by Order of the Commander in cheif, and the several Deputy Commissaries General [respectively] and Assistants by order of the sd Commander in Cheif or any Major General of the Army, and neither of them by order of any other Officer under any pretence whatever and the officers whom the Commissaries or D. Commissaries General shall respectively appoint as herein directed, shall be considered as officers appointed and commissioned by Congress.1
[Note 1: 1 This was the original form of paragraph 19. The words in brackets were struck out in the draft.]
XIX. That the commissaries general of purchases and issues, and their respective deputies, for neglect of duty, or other offences in their respective offices, shall be subject to military arrest and trial, by order of the commander in chief, or any general officer commanding a division of the army, post, or department, where such neglect of duty or offence may happen; and the respective assistants of the deputy commissaries general of purchases and issues, shall, for the same causes, be liable to military arrest as commissioned officers in the army, by
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any general officer, or any officer commanding at a detached post to which such assistants may be assigned.1
[Note 1: 1 In the manuscript report the latter part of this paragraph read as follows:
"and the several deputy commissaries, and assistants, may be arrested and tryed by order of the commander in chief, or any major general of the army, and by no other officer under any pretence whatever; and the officers whom the commissaries, or deputy commissaries general, shall respectively appoint, as herein directed shall alwayes be considered as officers appointed and commissioned by Congress."
The paragraph as printed in the text is in the writing of Elbridge Gerry.]
XX. That the commissary general of issues shall superintend the respective deputy commissaries general, and assign to each a separate district, and have full power to suspend them and appoint others for a time, as already provided ∥appointed∥ for the commissary general of purchases.
XXI. That every issuing commissary shall enter, in distinct pages of the book mentioned in the ninth article, each species of provisions or other stores received by him, including the provisions delivered by other issuing commissaries, or the present commissary general, and the same entries shall be made with respect to these, as therein are directed, when provisions are received from the purchasers; excepting that the prices and cost of articles, delivered by the said commissaries, may be omitted.
XXII. That every issuing commissary shall be furnished with a book of issues, in which he shall open a separate account with each regiment, corps, or detachment to which he may issue, or commissary to which he may send or deliver provisions; and each page thereof shall be divided into columns, in the first of which shall be entered the time of delivery; in the second, the name of the officer upon whose return provisions are issued, or by whom sent to any other issuing commissary; in the third, the number of rations, and, in other separate columns, the several quantities of each species of provisions delivered as rations, or sent to the commissaries as aforesaid. And, on the last day of every month, he shall foot the said accounts, and also all the accounts of provisions received and entered in the book mentioned in the preceding article.
XXIII. That every issuing commissary shall take duplicate receipts for each quantity of provisions and stores by him sent to any post, place or magazine, agreeable to the form of the entries directed to be made in the book of issues, one of which he shall deliver to the officer, or person employed to deliver the said provisions or stores; and the
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issuing commissary at such post, place, or magazine, or at any intermediate post, who may receive such provisions or stores, or any part thereof, shall certify the quantity on the back of the said receipt, which the officer, or person who delivered the provisions, shall return to the commissary that sent them as his voucher: And, in cases of deficiency, the commissary who sent the provisions shall credit the commissary to whom they were directed for the quantity lost, if the same has been placed to his debit, and shall charge twice the amount thereof to the account of the officer or person employed to deliver it, and shall also transmit a copy of the said account to the pay master or deputy pay master general in the district, who shall send to the issuing commissary a receipt for such account, to be produced by him on settlement, and shall also deduct the amount thereof from the pay of the delinquent, and credit the United States therefor: provided, that if any provisions or stores shall be lost by unavoidable accident, and the same is proved by sworn evidences before the commanding officer of the post from or to which such provisions or stores were sent, his certificate, with the proof annexed, shall authorize the commissary to cancel such charge.1
[Note 1: 1 To this point the writer was Elbridge Gerry.]
19. The D Commissary General of Issues and his Deputies to take Duplicate Receipts of all provisions and Stores of what Kind soever by them forwarded from one post, place or Magazine to another specifying every Specie sent, its Condition; the Time when: the person or persons by whom, delivering at the same Time one of the Receipts to the person taking the provision or Stores in Charge. Upon the Delivery thereof to the Commissary to whom they were directed, or other intermediate Commissary of Issues such Commissary to endorse on the Back of the Receipt a Certificate acknowledging the Receipt, or such part thereof as may be delivered, but if there shall be a Deficiency in any of the Articles, the Commissary who was to have received the same or to whom the residue may be delivered shall mark the Deficiency on the Back of the Receipt; give Credit for the whole of what was sent, and charge the public with the Deficiency and transmit a Monthly Return to the Commissary General of Issues, or Deputy Com. General of the Department; who shall from all the Returns make out one general Account of such Deficiences, if any, and transmit the same to the pay Master General or D pay Master
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General of the Department that he may, and he is hereby required, to charge the same to the Account of the pay Master of the Regiment to which such delinquents respectively may belong who are to deduct the Amount out of the Delinquents pay. Provided always that if any provisions or Stores shall be lost by unavoidable accidents and the same can be proved to be so, by sworn Witnesses before any officer commanding at the post from which provisions or Stores were sent, such officer's Certificate with the proofs annexed shall be a sufficient Voucher to the Commissary to cancel such Charge made against the person or Persons losing the same,1
[Note 1: 1 Lansing copy.]
XXIV. That no provisions be issued to any persons but by the written order of the commander in chief the commander of any department, the quarter master general, any of his deputies or assistants, the commanding officer of a post, describing the persons in whose favour such order shall be given; or upon a return signed by the commanding officer of a corps, or detachment thereof, whether commissioned or non-commissioned, or by the regimental quarter master.
XXV. That when any troops are ordered to quit a post, and the issuing commissary remains at such post, the respective commanding officers of the several regiments or corps shall call on the issuing commissary for a certificate, specifying the day to which they were victualled, inclusively; and, in case detachments of different regiments or corps are made, the commanding officer of such detachments shall procure a certificate from the commissary, in which shall be inserted the days to which the different troops, of which his detachment may be composed, were victualled, and the next, and every subsequent provision return for such detachment shall distinguish the corps out of which it is formed, and the number of each corps, to the end that the commissary may charge each corps with the provision issued to it; and if any commissary, at any other post, shall victual any corps or detachment comprehended in the foregoing description before such certificates are produced,2 he shall charge the officer commanding the same, with twenty days' provision for the whole number of men under
[Note 2: 2 The original report here inserted; "But lest by the inattention of any officer in not procuring the proper certificates, the troops should suffer for want of provisions, and the service be thereby injured, the Commissary shall victual the corps or party as usual."]
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his care, and make return thereof to the pay master general or deputy pay master general in the district, who shall make the proper stoppages, and also to the board of treasury, who shall charge him therefor. Provided, That if such certificate be procured and delivered within thirty days after the first drawing of such provisions without certificate, the commissary general shall cancel the charge, keeping the certificate as a voucher for so doing: Provided also, That notwithstanding such certificate may be produced, if it shall appear that the officer commanding any corps or detachment, has drawn more provision than the corps or detachment was entitled to, he shall stand charged the double quantity so over-drawn.
XXVI. That every issuing commissary shall take receipts for the number of rations, and for so much of every species of provisions as he may issue therefor.
XXVII. That every issuing commissary, on the last drawing day preceding the last day of every month, shall victual the troops up to the last day of the month inclusive; and if provisions should be ordered for troops going on detachments, for such time as would run beyond that day, two returns shall be made out, one to the last day of the month inclusive, and one from the first day of the month inclusive to the time ordered.
XXVIII. That every issuing commissary shall number the provision returns, and endorse the same with the date thereof, and the number of men victualled, and put the returns of each detachment or corps in separate files, each to contain the returns of a month for such corps or detachments.
XXIX. That, wherever any capital magazine shall be established, the commander in chief, or commanding officer of the department, shall order store-houses to be built, and a barrack for fifty men, and the same to be enclosed with a stockade.
XXX. That, whenever any of the provisions or stores in any of the magazines become so damaged as to threaten a total loss of all such damaged provisions, the commissary of issues, to whose care such provisions may be committed, shall make return thereof immediately to the deputy commissary general of issues, who is to apply to the commander in chief, or some general officer, to order a court of enquiry, who shall thereupon grant one, and such provisions as may by the court be condemned, shall be sold at public vendue, under the direction of the deputy commissary general of issues, public notice
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being given of such sale, by advertisements at least ten days before the day of sale, unless the court should determine that the same ought to be sold at an earlier day.
XXXI. That every assistant commissary of issues shall, within six days after the last day of every month, make a return to the deputy commissary general of the district, of all provisions and stores in his magazine or store, at the last preceding return; of all provisions by him received in the preceding month; from whom and whence; of what he has forwarded, to whom and to what place; of what he has issued, specifying the regiment and corps, and the number of rations, and quantity of each species of provisions drawn by the same; and of what remains in store.
XXXII. That each deputy commissary general of issues shall, from the monthly returns of the assistant commissaries, make out a general return for the district, specifying what remained in the magazines or stores at the last return; what has been received since; the number of rations and quantity of provisions issued, and what remains in store, distinguishing the several posts, places, magazines, and regiments or corps as aforesaid; one to be sent to the Board of War, one to the commander in chief one to the commander of the department, one to the commissary general of purchases, and one to the commissary general of issues.
XXXIII. That the commissary general of purchases and commissary general of issues, each in his own department, make a general monthly return to the Board of War, the commander in chief, and the commanding officer of the respective districts, and take special care constantly to provide and furnish each of the officers under him with printed forms of the books, invoices, receipts, and returns, to be used by them respectively, agreeable to these resolves.
XXXIV. That no returns of rations drawn or returned by the several regiments be hereafter made by the issuing commissaries to the commissary general of musters, or by him to the adjutant general, or by the adjutant general to the Board of War, as directed in the regulations of the muster master ∥general∥'s department, passed by Congress the 4th of April last.
XXXV. That the commissaries general and the respective officers under them, apply to the quarter master general, or his respective officers, for warrens. teams, and horses, wanted in the several districts; and if, at any time, it shall be necessary to hire the same, they
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are not to exceed the rates stipulated by Congress, or the quarter master general aforesaid.
XXXVI. That all persons employed to purchase for the United States any articles in the several departments of the commissary general of provisions ∥purchases,∥ quarter master, director, or cloathier general, or the commissary general of military stores, shall previously apply to them, or the principal officers under them respectively, for certificates of the several prices by them allowed for such articles, and shall not, on any pretence whatever, exceed such prices. And it is recommended to the several States to give to their purchasers respectively similar directions.
XXXVII. That the commissary general of purchases from time to time provide sufficient quantities of salt, and deliver it to the commissary general of issues, or the respective officers under him, who are directed to issue to the troops only such quantities, and in such manner, as the commander in chief, or commander of the respective district, shall direct. And the commissary general of issues shall direct the respective deputy commissaries general to employ a suitable number of coopers ∥and packers,∥ who shall salt and pack provisions at the several magazines and stores, and take the proper precautions with respect to all provisions therein deposited.
XXXVIII. And whereas, great confusion has arisen from the manner in which officers and soldiers have been paid for rations and parts of rations allowed to, but not drawn by, them respectively,
Resolved, That the parts of a ration be estimated as follows, viz: for the daily allowance of beef, pork, or fish, 4-90ths of a dollar; of bread or flower, 2-90ths; of peas or beans, 1-90th; of milk, 1-90th; of beer, 1-90th; of rice, 1/180th; and of soap, 1/180th; making ∥in the whole,∥ 10-90ths of a dollar for each ration: and that, for the future, the quarter master, or other person drawing provision for any regiment, corps, or detachment, sha1l, on the last day of every month, make out an abstract of the number of retained rations due to each officer respectively, and also the number of each part of a ration due to such regiment, corps, or detachment, and deliver the same to the respective issuing commissary, who shall compare it with his hooks, and finding it right, shall certify thereon that the several charges in the abstract are just, and that such a sum as he shall find to be due, should be paid to the respective pay master of the regiment, corps, or detachment, who shall annex the said abstract to the pay roll, that the pay master,
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or deputy pay master general of the district, may, and he is hereby required to pay, such ration abstract to the regimental pay master, who is directed to pay the respective officers and soldiers, and take their receipts. And when any regiment, corps, or detachment, or issuing commissary is ordered to leave a post before the end of the month, the ration abstracts shall be made up to the day of his or their leaving the post, and certified by the commissary as aforesaid.1
[Note 1: 1 The paragraphs XXXI--XXXVIII are in the writing of Elbridge Gerry.]
Whereas great Confusion hath arisen from the manner in which officers rations are drawn or paid for to prevent which in future Every provision return for any Corps or detachment shall Include the officers for as many days as the return is made out for and at the rate of one Ration per day and Every such return shall specify the Number of officers, and their rank as well as that of the Non Com: Officers and privates for which provision is to be drawn, and In order that the Officers may be regularly paid for the residue of the Rations allowed them, The paymaster of each regiment or Corps shall make a monthly Abstract of the Number of rations due to the Officers of the Corps they severally belong to and Charge the seine in the Accounts Current with the paymaster General or deputy Paymaster General of the several departments who are hereby required to allow the same.2
[Note 2: 2 Lansing copy, but in the writing of Philip Schuyler.]
Whereas it frequently happens that the Troops cannot be supplied with every Specie of provisions allowed by Congress and a Difference in Opinion of what is a real Equivalent has arisen, to avoid which in future, that 2 lb of Beef shall be equal to one Ration of all species, or 1 ½ lb of pork or 3 ½ lb. Flour or 6 ½ pints of peas or Beans or 7 Pints of Milk or 10 pints of Indian Meal or 5 pints of Rice or 1 ¼ pints of Molasses, or 1 ½ lb hard Soap or 1 ½ lb. soft Soap.3
[Note 3: 3 Lansing copy.]
XXXIX. That the commissary of issues at every post where cattle are killed for the use of the army, appoint a careful person to take charge of the hides and tallow, to see that the former are properly dried, and that the latter is properly rendered, and that both are disposed of as the commissary-general of issues, by order of Congress, shall direct.
XL. That the commissary and deputy commissaries general of purchases in each department, and every purchaser employed under them,
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shall take the oath of fidelity to the United States, and the following oath or affirmation, viz.
I --, do solemnly and sincerely swear or affirm in the presence of Almighty God, that I will not collude with any person or persons whatever to enhance the price of provisions, or any article of commerce which I shall at any time hereafter be directed to purchase for the use of the United States; and that I will endeavor, by every honest means in my power, to procure the articles which I may be directed to purchase at the most reasonable rates; and that I will not charge the public with any advance on any purchases by me to be made, and that I will, in all things, conduct myself as becometh a faithful servant of the public.
XLI. That the commissary and the deputy commissary general of issues in each department, and every issuing commissary employed under them, shall take the said oath of fidelity, and the following oath or affirmation, viz.
I do swear or affirm that I will faithfully receive, take the care of, and issue the provisions and other stores committed to my trust, and keep regular accounts and make regular returns, agreeable to the resolutions of Congress, and oftener if thereunto required by any superior officer having right to order returns; and that I will, in all things, honestly demean myself as a faithful servant of the public.
Resolved, That the committee who brought in the said report, consider and report to morrow morning, what compensation ought to be made to the several officers in the commissary's department, for their services:
That to morrow be assigned for appointing the officers in the commissary's department.
The Board of Treasury reported,
That a warrant should issue on Joseph Borden, Esqr. commissioner of the loan office, for the state of New Jersey, in favour of John Gibson, Esqr. auditor general, for the sum of sixty-nine thousand one hundred dollars, the said J. Gibson to be accountable.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, I, folio 223.]
Ordered, That such an order be drawn.
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In consequence of an adjustment of the commissioners &c. ∥of accounts,∥ the auditor general reports,
That there is due to Captain Garland, and other officers, for their expences, being a second division as officers of a guard with military stores from Sinepuxent to Philadelphia, the sum of 120 51/90 dollars:
That there is due to Lieutenant Colonel Eleazer Oswald, for his pay front the 1st September, 1775, to the 1st January, 1777; as also for 2 months' extra pay, for cloathing allowed in Canada, is together 18 months, at 40 dollars per month, 720 dollars, ∥and for∥ 1,825 rations, at 10--90ths of a dollar per ration, 202 70/90 dollars, the whole amounting to 922 70/90 dollars.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 136, I, folio 221.]
Ordered, That the said accounts be paid.
Resolved, That an order be drawn on John Gibson, Esqr. for 69,000 dollars, in favour of the delegates of New Jersey, for the use of their State; the said State to be accountable.
Resolved, That an order for 5,000 dollars be drawn on John Gibson, Esqr. in favour of William Henderson, pay master of Colonel Moylan's regiment of light horse, for the use of the said regiment; he to be accountable.
The Board of War brought in a report, which was taken into consideration: Whereupon,
Resolved, That General Washington be directed to inform General Howe, that this Congress most sincerely laments the necessity to which they are driven by the cruel policy of their enemies, of entering into any resolutions which have any appearance of severity towards those prisoners of war who have fallen or may fall into our hands; but, that there are no other means in our power of inducing our enemies to respect, the rights of
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humanity; that with this view only, it is their determined resolution to carry into execution the law of retaliation; that if any persons belonging to, or employed in, the service of the United States, or any of them who now are, or hereafter may be, prisoners to Lord or General Howe, or any other commander of his Britannic Majesty's forces by sea or land, shall be sent to the realm of Great Britain, or any part of the dominions of the said king of Great Britain, to be there confined in common goals, or any other place or places of confinement in pursuance of any act, or acts of the British parliament, or any other pretence whatever; it is the resolution of this Congress, to treat the prisoners now in our power, and such as may hereafter fall into our hands, in a manner as nearly similar as our circumstances will admit.
Resolved, That an extract of Governor Caswell's letter of the 20th of April, be transmitted to General Washington, with a recommendation, that provided the General has not already appointed commanding officers to compleat the sixteen additional batallions, Colonel Abraham Sheppard, of North Carolina, be appointed to the command of one of the said additional batallions.
That the Letter of Gen. Washington to Major Apollos Morris of the 6th Instant, be delivered him, and That the Major be permitted to go to Europe, by the first Conveyance to France, or by the way of the French West Indies, on his being laid under the restrictions of a Parole, not to give any Intelligence directly or indirectly to the Enemies of the United States, or do or say any thing in opposition to, or in prejudice of the Measures or proceedings of the CongressTo Lie or any of the Legislative bodies presiding in these States, and in no shape or in any manner whatever to make known any discoveries or observations he may have made during his Residence amongst us, that, may in any wise be prejudicial to the Interest and Welfare of these States.
That General Washington be informed, that Congress by that clause of the resolution of the 30 of May last,
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"the rank of each class of the said officers to be settled by the date of their commissions from the king of France," intended only their relative rank among one another; but that their commissions in the American army, be dated by General Washington, on the day when they shall be filled.
That General Washington be directed to propose an Exchange of Lt. Colonel Allan McDonnaldfor Lt. Colonel NicholasTo LieLutz, who is now at Reading on Parole, also and Lt. Alexander McDonald forLt. Samuel Checkley [such officers of equal Rank as are entitled to a priority of Exchange.]1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, I, folio 213. The last two paragraphs were prepared by the Board on June 10, when John Adams, Samuel Adams, Roger Sherman, Charles Carroll, and George Clymer were present. The words in brackets were added by John Hancock.]
The committee appointed to confer with the board of war of the State of Pensylvania, &c., brought in a report:
Ordered, That it be taken into consideration to morrow morning.
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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