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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, OCTOBER 17, 1777
The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,
Ordered, That there be advanced to Ebenezer Hazard, Esqr. surveyor general of the post office of the United States, 3,000 dollars, for the use of the said department, and for which he is to be accountable:
Ordered, That there be advanced to Joseph Holmes, Esq. deputy commissary general of prisoners, 1,500 dollars towards the expence of hiring houses or erecting barracks and palisades for the habitation of the prisoners of war ordered to be removed into Virginia, he to be accountable:
Ordered, That there be advanced to Colonel George Morgan 14,000 dollars, on occount of expences incurred by him for the public service at Fort Pitt, and for which he is to be accountable:1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 441.]
Ordered, That there be paid to Messrs. Price & Haywood the sum of 348 dollars, on account of a balance due them from the United States:
That four sets of exchange be drawn by the president on the Honble. Benjamin Franklin, Arthur Lee and Silas Deane, Esqrs. commissioners of the United States in France, and countersigned by the auditor or assistant auditor general; one set for 18,796 Spanish milled dollars, one set for 11,748 Spanish milled dollars; one set for
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4,699 Spanish milled dollars, and one other set for 2,349 Spanish milled dollars, making, in the whole, the sum of 37,592 Spanish milled dollars, in favour of Messrs. James Price & William Haywood, in full payment of all demands which they or either of them have against the United States:1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 443.]
Ordered, That the president issue the following warrants in favour of Major General Mifflin, quarter master general, and for which he is to be accountable, viz. a warrant, on the commissioner of the loan office for the State of Connecticut, for fifty thousand dollars, to be transmitted to the deputy quarter master general at Fishkill; a warrant, on the commissioner of the loan office for the State of New Hampshire, for fifty thousand dollars, to be transmitted to the deputy quarter master general at Hartford; a warrant, on the commissioner of the continental loan office for the State of Virginia, for fifty thousand dollars, to be transmitted to the deputy quarter master general at Williamsburg; a warrant, on the commissioner of the loan office for the State of New Jersey, for forty thousand dollars, to be transmitted to the deputy quarter master general at Easton; and a warrant, on the commissioner of the continental loan office for the State of Pensylvania, for sixty thousand dollars:
And that there be paid to the said quarter master general, out of the treasury, or moneys in the hands of the auditor general, the farther sum of 102,000 dollars, for the use of his department, and for which he is to be accountable; the said several sums amounting to 352,000 dollars, and for which the said quarter master general has made application by letter to Congress, dated the 14 instant.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, I, folio 445.]
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Resolved, That Congress highly approve of the brave and spirited conduct of Commodore Hazlewood, and the other officers and men concerned in the defence of the river Delaware, and of their undaunted perseverance and resolution to maintain that pass to the city of Philadelphia to the utmost extremity.
Resolved, That four members be added to the Board of War:
The members chosen, Mr. [John] Harvie, Mr. [John] Witherspoon, Mr. [William] Williams, and Mr. [Joseph] Jones.
A letter, of this day, from Joseph Pennell, was read:
Ordered, That it be referred to the Board of Treasury.
The committee appointed to consider a motion made on the 15 for recruiting the army, brought in a report, which was taken into consideration: Whereupon, Congress came to the following resolutions:
Whereas, the deficiency of the several batallions, now in the service, has, in the present campaign, been attended with manifest disadvantages to the United States; and, whereas, the divided state of the enemy's troops, their reduced number, and distance from their ships of war, afford the most favourable opportunities for attacking and subduing them before reinforcements can be sent to their aid; which salutary purpose may, under Providence, be obtained by the vigorous exertions of the several states for speedily filling their respective batallions:
Resolved, That it be earnestly recommended to the said states, to use their utmost endeavours for immediately compleating their several quotas, and to address their inhabitants on the advantages that will result therefrom:
That to the premium of 5 dollars offered by a resolution of Congress of the 31 July last, for apprehending and securing deserters from the continental army, an addition
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be made of 5 dollars for each deserter so apprehended and secured, and 12/90 parts of a dollar for each mile between the place in which he may be taken and to which he may be conveyed.1
[Note 1: 1 The original report reads: "And that it be recommended to the respective States to pass laws inflicting severe punishments on all persons who shall encourage or harbour Deserters as aforesaid."]
That the premium and other expences for apprehending deserters be stopped out of the pay which may be already due to such deserters respectively, or that shall become due to such of them as may receive a pardon:
That it be recommeded to the Legislatures of the several states to provide by Law, that any person may apprehend and carry any Deserter from the Land or Sea Service of the united States before the nearest Justice of peace who shall forthwith cause such Deserter to be conveyed to the nearest Continental officer of the Land or Sea Service, as the Case may be, or to the public Goal of the County. The Justice shall give a Certificate expressing the arrest of, and the distance, such Deserter be brought, which Certificate shall entitle the Bearer to a reward of 8 Dollars for the apprehending such Deserter and 12/90ths of a Dollar for every Mile therein expressed; that any person, who shall deliver the Deserter to the officer, Sheriff or Goal, shall receive the same Mileage; that the Reward and Mileage aforesaid shall be paid by the officer or sheriff, to whom such Deserter shall be delivered, that the Sheriff be reimbursed by his State, the Money by him paid, together with the expense of advertising such Deserter, and ⅕ of a Dollar per day for his Maintenance, to be charged to the united States; that the Sheriff shall immediately publish the Name of the Deserter and the Company, Regiment or Vessel, to which he belongs, or such of those circumstances as shall come as shall come to his Knowledge, in some one of those of the News Papers of his State, for four successive Weeks: That the Justice, before whom any Deserter shall be brought, shall immediately transmit an account thereof to the Secretary of the Continental Board of War, and to the Commanding Officer of such Desarter.
That it be recommended to the legislatures of the several states to provide by law for the more effectual detecting and punishing any person who shall knowingly
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harbour, conceal or assist any deserter from the land or sea service of these states, or who shall, knowingly, detain, buy, exchange or receive any horse, arms, accoutrements, or cloaths belonging to the United States, from any soldier; trooper, mariner, deserter, or any other person; and that the penalties for such offences be exemplary, and the mode of recovery easy and expeditious:1
[Note 1: 1 The canceled paragraph and this one, in the writing of William Paca, is in the Papers of the Continental Congress, No. 19, III, folio 89.]
That copies of the above resolves, with duplicates of the resolution of Congress of the 31 of July last, be sent to the respective states, and that they be desired to publish such parts thereof as they shall judge necessary:
That General Washington be directed, forthwith, to order one or more of his officers, that are or may be appointed to receive recruits and deserters, agreeable to the resolution of the 31 of July last, to apply to the supreme executive authority of each respective State for the names of the recruiting officers and of the places of rendezvous, which the said executive authority were requested to appoint by the resolution aforesaid; and the said executive authority are requested to furnish such commissioned officer or officers with sufficient sums of money to pay the premiums, mileages, and subsistence of the recruits and deserters, which they may receive, agreeable to the said resolve; to draw on Congress for such advances; to call to account therefor, the officer or officers, and arrest such as shall refuse a compliance therewith; and the said officer or officers are respectively directed punctually to pay the premiums for each recruit and deserter as aforesaid; to take receipts therefor, and to adjust their respective accounts with the supreme executive authority aforesaid before they leave the State, and constantly to publish the names of the places of their residence and rendezvous as aforesaid:
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That General Washington be directed to publish a proclamation, offering pardon to such as have deserted from the continental army, and shall, on or before such day as he shall think proper to fix in his proclamation, return to their respective corps, or surrender themselves to the officers appointed to receive recruits and deserters in the respective states, or to any other continental commissioned officer.1
[Note 1: 1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 21, folio 135. The proclamation by Washington was issued October 24. See Writings of Washington (Ford), VI, 139n.]
Some packets being brought from Martinico, and laid before Congress, directed to Willing, Morris, & Co. and Mr. Morris being absent, and there being strong reasons from the information of the messenger who brought the said packets, that they contained public despatches for Congress, or some of its committees:
Ordered, That the covers be opened.
The committee on the post office brought in a report.
Adjourned to 4 o'Clock.
Four o'Clock, p.m.
Congress took into consideration the report of the committee on the post office; Whereupon,
Resolved, That the post master general be authorized, during the present exigence, to appoint two additional surveyors of the post office, and that all the surveyors be allowed six dollars a day each, in full consideration of travelling expences, and all other allowances:
That the tour of the whole be as follows: one from Casco Bay to Philadelphia, or, during the enemy's being in possession of that city, to Lancaster; one from Philadelphia or Lancaster, to Edenton, in North Carolina, and the third from Edenton to Savannah, in Georgia:
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That an inspector of dead letters be appointed, with salary of one hundred dollars a year: to examine all dead letters at the expiration of each quarter; to communicate to Congress such letters as contain inimical schemes or intelligence; to preserve carefully all money, loan office certificates, lottery tickets, notes of hand, and other valuable papers enclosed in any of them, and be accountable for them; and to keep a book containing an exact account of such papers, &c. so found, the date of the letters, from whence and by whom written, and to whom directed; that he be under oath faithfully and impartially to discharge the duties of his office; that he be enjoined to take no copy of any letter whatever, and not to divulge their contents to any but Congress, or those whom they may appoint for the purpose:
That the post go not out of his regular and usual course in order to pass by head quarters, but that the post masters on each side of head quarters, and nearest to them, have authority to hire expresses for the purpose of carrying letters for the army to the post office there:
That the rate of postage be increased fifty per centum above its present rate, as the present profits of the office fall far shall of the expence created by it
Resolved, That an allowance of 250 dollars be made to the present survevor of the post office, for past extraordinary services.
Resolved, That 3,000 o dollars be advanced to the Postmaster general for Post office expences, he to be accountable.1
[Note 1: 1 This report, in the writing of Richard Henry Lee, is in the Papers of the Continental Congress, No. 61, folio 443.]
Resolved, That the Committee of Intelligence be authorized to take the most speedy and effectual measures for getting a printing press erected in this town ∥York town, ∥ for the purpose of conveying to the public, the intelligence that Congress may, from time to time, receive.
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Congress resumed the consideration of the report on the War Office, which was agreed to: Whereupon,
Resolved, That a Board of War be established by Congress, to consist of three persons not members of Congress:
That there shall be a secretary to the said Board, to be appointed by Congress:
That the Board shall recommend, for the approbation and appointment of Congress, as many clerks as shall be necessary for assisting them in the execution of the business of their department:
That the powers and duties of the said Board shall be as follows:
To obtain and keep an alphabetical and accurate register of the names of all officers in the land forces in the service of the United States, with their ranks and the dates of their commissions; to fill up all military commissions which shall be signed by the president of Congress, and countersigned by the secretary of the war office, and to publish annually a register of all appointments.
To obtain and keep regular and exact accounts of the numbers and dispositon of the forces of the United States.
To obtain and keep exact accounts of all the artillery, arms, ammunition, warlike stores, cloathing, medicines, and provisions, belonging to the United States, and of the manner in which, and the places where the same shall, from time to time, be lodged and employed.
To take the immediate care and direction of all such artillery, arms, ammunition, and warlike stores, as shall not be employed in actual service.
To superintend the building and management of laboratories, arsenals, founderies, magazines, barracks, and other public buildings, the necessity of which they are, from time to time, to report to Congress.
To forward all despatches from Congress to the states
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and armies, and all moneys ordered by Congress to be transmitted for the public service, and to provide guards for the safe conveyance of such despatches and moneys, whenever it shall appear to the board to be necessary.
To superintend the raising, recruiting, and despatching, of the land forces in the service of the United State.
To take the care and direction of prisoners of war.
To lay before Congress proper and seasonable estimates of such artillery, arms, ammunition, and warlike stores, cloathing and medicines, as shall, from time to time, be wanted for the service of the United States.
To execute all such matters as they shall be directed, and give their opinion on all such subjects as shall be referred to them by Congress; and, in general, to superintend the several branches of the military department; and if, at any time, they think a measure necessary for the public service, to which their powers are incompetent, they shall communicate the same to Congress, for their direction therein.
To keep fair entries of all the business transacted by them.
The said Board shall sit in the place where Congress shall be held, and no member of the Board shall absent himself without leave of Congress:
All the proceedings of the Board shall be inspected by Congress, or a committee by them appointed for that purpose, once a month, or oftener, as may be thought proper and convenient; and every member of Congress may have free access to the records of the said Board, and take copies thereof, excepting copies of returns of the armies, provisions, or military stores, which shall not be delivered to any member without the order of Congress.
Resolved, That all military and other officers attending upon or connected with the army of the United States,
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be, and they are hereby, required and enjoined to observe the directions of the said Board, in making and transmitting proper returns, and such other matters as may tend to facilitate the business of the said Board:
That it be recommended to each of the United States, to give the said Board all necessary assistance in the execution of the business of their department.
Resolved, That the salary of each of the three gentlemen who shall conduct the business of the Board of War, be two thousand dollars per annum.
Ordered, That to morrow be assigned for electing commissioners to audit and settle the accounts of Georgia against the United States.
∥The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock to Morrow.∥
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