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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 --WEDNESDAY, NOVEMBER 12, 1777
Prayers.
A letter, of the 8, from General Washington, at White Marsh, enclosing a copy of a letter from General Dickinson; one, of the 31 October, from General Heath; also, a letter of the 30th October, from Ebenezer Hancock; and one, of the 16 October, from J. Bradford; were read:1
[Note 1: 1 The letter of Washington is in the Papers of the Continental Congress, No. 152, V, folio 181. That of Heath is in No. 157, folio 21; that of Hancock, in No. 78, XI, folio 249; and that of Bradford, in No. 78, II, folio 297.]
Ordered, That the letters from General Washington and Mr. E. Hancock be referred to the Board of Treasury; and that the letter from J. Bradford be referred to the Committee of Commerce.
Resolved, That a copy of General Heath's letter of the 31 day of October be transmitted to the general assembly of the State of Massachusetts bay, who are requested to afford Samuel Allen Otis, Esqr. agent of the cloathier general in the said State, the necessary assistance for procuring the cloathing mentioned in the said letter, and for having it made up for the army, who are in great want thereof.
An order drawn on John Hancock, Esqr. president of Congress, by George Morgan, in favour of Sampson Matthews, dated October 1, 1777, was laid before Congress.
Ordered, That it be referred to the Board of Treasury.
Congress took into consideration the new articles proposed to be added to the confederation; Whereupon,
Resolved, That the following be included:
Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress:
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The members of Congress shall be protected in their persons from arrests and imprisonments during the time of their going to, and from, and attendance on, Congress, except for treason, felony or breach of the peace.
Adjourned to 4 o'Clock.
Four o'Clock, p.m.
The Board of Treasury brought in a report, which was taken into consideration; Whereupon,
Ordered, That Jonathan Trumbull, Esqr. transmit to Congress a certificate from Mr. Cuyler, deputy commissary general of purchases for the northern district, specifying the sum supplied the latter from the military chest, and that the Board of Treasury be authorized thereupon to credit Mr. Trumbull for the said sum, and charge it to the commissary general of purchases.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 473.]
Ordered, That a warrant issue on Nathaniel Appleton, Esqr. commissioner of the continental loan office of the State of Massachusetts bay, in favour of Dr. William Shippen, director general of the hospitals, for sixty-seven thousand dollars, for the use of his department, and for which he is to be accountable:
Ordered, That a warrant issue on Nathaniel Appleton, commissioner of the continental loan office of the State of Massachusetts bay, in favour of William Buchanan, commissary general of purchases, for two hundred thousand dollars for the use of the eastern department; and that one other warrant issue on the continental treasurer in favour of the Board of War for two hundred thousand dollars, to be by them transmitted to the deputy commissary general of purchases for the northern department; that
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one other warrant issue in favour of the Board of War, on the continental treasurer, for two hundred thousand dollars, to be by them transmitted to the deputy commissary general of purchases for the southern department; for which three sums, amounting to 600,000 dollars, William Buchanan, Esqr. commissary general of purchases, is to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 475.]
Congress resumed the consideration of the articles reported by the committee as proper to be included in the confederation;
And upon the question put, the following were adopted:
If any person guilty of, or charged with treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall, upon demand of the governor or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offence.
Full faith and credit shall be given in each of these states, to the records, acts and judicial proceedings of the courts and magistrates of every other State.
To which it was moved to add,
And an action of debt may lie in a court of law of any State for the recovery of a debt due on a judgment of any court in any other State; provided the judgment of any court creditor shall give bond with sufficient sureties before the said court, in which the action shall be brought, to answer in damages to the adverse party, in case the original judgment should be afterwards revised and set aside, and provided the party against whom such judgment may have been obtained, had notice in fact of the service of the original writ upon which such judgment shall be founded; and the yeas and nays being required,
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So it passed in the negative.
A letter, of the 10, from General Washington, was read, together with the proceedings of a board of general officers for settling the rank of the Pensylvania field officers, inclosed therein dated August 19, 1777, ∥and the same being taken into consideration;∥ Whereupon,1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 152, V, folio 173. It is printed in Writings of Washington (Ford), VI, 180.]
Resolved, That Congress agree to the principle adopted by the said board in settling the relative rank or precedence of officers according to that standing they held in the army immediately before their present commissions, except where persons are promoted upon a principle of merit only; and that the arrangement made by the said board, with respect to the relative rank of the Pensylvania field officers, be, and it is hereby confirmed.
Resolved, That the commissions heretofore granted to the said officers be by them respectively, and they are hereby vacated.
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Ordered, That the said commissions be delivered by the respective officers to General Washington.
Ordered, That new commissions be made out for the said officers, with the rank and dates annexed to their names respectively, and transmitted to General Washington:
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Resolved, That Colonel Stewart's regiment be annexed to the Pensylvania line and form the thirteenth regiment.
∥The several matters to this day referred, being postported∥
Adjourned to 10 o'Clock to Morrow.
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