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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 --FRIDAY, MAY 23, 1777
A letter of the 21, from General Washington, at Morristown;
One, of the 17, from John Lawrence, judge advocate general;
One, of the 23 April, from the committee of the convention of the State of New York; and one, of the 15 May, from John Morin Scott, were read:1
[Note 1: 1 The letter of Washington is in thePapers of the Continental Congress, No. 152, III, folio 187. That of Laurance is in No. 78, XIV, folio 161. It has the following motion, in the writing of John Adams:
"Resolved, That the General, or Commander in Chief, for the Time being, shall have full Power of pardoning, or mitigating any of the Punishments ordered to be inflicted, for any of the Offences mentioned in 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 of America, the fourth Article resolved in Congress the 14th day of April last notwithstanding."
The letter from the New York Convention is in No. 78, II, folio 169.]
Ordered, That they be referred to the Board of War.
Resolved, That Messrs. Samuel de Daniel Hughes, who have entered into a contract for casting a quantity of cannon for the United States, be allowed for such cannon as they shall deliver after this time agreeable to the contract, £8 10 equal to 22 2/3 dollars per ton, in addition to the sum mentioned in the contract.
That 10,000 dollars be advanced to Messrs. Samuel de Daniel Hughes, on account, to enable them to fulfil their contract.
That four hundred dollars be advanced to Colonel Gunby, of the 7 batallion of Maryland forces, for the use of his batallion; he to be accountable:
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That 10,000 dollars be advanced to Mr. Halliday, pay master of Colonel Richardson's batallion of the Maryland forces, for the use of the said batallion; he to be accountable:
Resolved, That 350¼ dollars be paid to Francis Lewis, Esqr. and charged to the account of Jonathan Trambull, Jun. Esqr. deputy pay master general in the northern department, the same being for so much money received by the said deputy pay master general from M. Klyne, by order of the said F. Lewis, as appears by a certificate given by Mr. J. Trambull 10 May, 1777.
A letter, of this day, from Colonel Stephen Moylan, was read:
Ordered, That it be referred to the Board of Treasury.
The Board of War reported, "That the Board have had a conference with Major General Arnold concerning the imputations upon his character, contained in an hand bill, dated Pittsfield, April 12, 1777, and subscribed John Brown, laid before Congress by the general in his letter to the president: that the general laid before the Board a variety of original letters, orders, and other papers, which, together with the general's account of his conduct confirmed by the relation of Mr Carroll, one of the late commissioners in Canada, now a member of this Board, have given entire satisfaction to this Board concerning the general's character and conduct, so cruelly and groundlessly aspersed in the publication."1
[Note 1: 1 This report, in the writing of Richard Peters, is in thePapers of the Continental Congress, No. 147, I, folio 177.]
Resolved, That the said report stand confirmed.
The Board of War brought in a farther report, which was read:
That the Board have conversed with Col Moylan the President of the Court Martial held on John Brown, now under Sentence of Death as a Spy and Traitor, and it appears from Col Moylan's Report, That
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previous to the Sentence of the Court after Examination of Witnesses, two of the Members were sent to the Criminal to endeavour to find out his Accomplices. That he mentioned several PersonsTo Liein Northampton County, in Pennsylvania, who appeared to be his Relations and Connexions and whose Names were ordered to be given to General Schuyler; But as to his Case no particular Circumstances of Mitigation appear except such as are founded in the Ignorance of the Culprit. The Reason for a Motion in the Court Martial for a Recommendation to Mercy was founded only on the Criminal's apparent Ignorance and Illiteracy.
That the Pennsylvania Board of War be informed that all Disputes about Rank among the Officers of the Army are referred to General Washington, and that on Reconsideration of their Resolve relative to antedated Commissions, Congress see no reason to alter or repeal the same.1
[Note 1: 1 This report, in the writing of Richard Peters, is in thePapers of the Continental Congress, No. 147. I, folio 177.]
Resolved, That the consideration thereof be postponed.
The Marine Committee, to whom the letters from General M'Dougal and Governeur Morris, respecting the manning and fitting two gallies for the defence of the North river, were referred, report, that they have taken the said letters into consideration, and are of opinion, that, such gallies as may be necessary for the defence of the said river ought to be equipped, and their operations directed by the State of New York; for they find this kind of defence is undertaken by all the other States where it is found necessary.
Resolved, That the delegates of the State of New York be desired to inform the convention of that State, that the above report of the Marine Committee is accepted, and adopted, as the sense of Congress on this subject.
The Marine Committee, to whom the petition of Timothy Folger was referred, reported, "That the matter on which the petitioners pray to be relieved, depends on the construction of promulgated resolutions of Congress,
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which make part of the code of the laws of maritime war; which laws ought to be construed and applied by the courts of admiralty and commissioners of appeals in their judicial capacity, and not by Congress:
That the case of theSherburne having already received a judicial determination before the said courts, where the parties had an opportunity of availing themselves of the full effects of the said laws, it is improper for the Congress to come to any resolution relative thereto."
Resolved, That Congress concur with their committee.
The Committee of Foreign Applications, brought in a report, which was taken into consideration: Whereupon,
Resolved, That Michael Fabricy be informed that Congress do not think it expedient to accept of his offered service.1
[Note 1: 1 This report, in the writing of James Lovell, is in thePapers of the Continental Congress, No. 25, I, folio 17. It read: "a Prussian Colonel, merits the Thanks of Congress, though it is not expedient &c."]
Congress took into consideration the report on the commissary's department; and, after some debate thereon,
Resolved, That, the same be re-committed; and that Mr. R[obert] Morris be added to the said committee.
Resolved, That a committee of three be appointed to confer with a committee of the house of representatives for the State of Pensylvania, respecting some complaints of the Indians:
The members chosen, Mr. [James] Wilson, Mr. [James] Duane, and Mr. [Charles] Carroll.
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.
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