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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 --SATURDAY, OCTOBER 4, 1777
A letter, of the 30 September, from Charles Stewart, commissary general of issues, and one of this day from the Chevalier de Preudhomme de Borré, were read:1
[Note 1: 1 The letter of De Borré is in the Papers of the Continental Congress, No. 78, II, folio 279.]
Ordered, That such part of Mr. Stewart's letter as relates to money, be referred to the Board of Treasury, and the remainder to the Board of War.
Congress took into consideration the letter of the 1st, from Mons. Preudhomme de Borré, wherein he asks to be made a major general, and complains of being condemned before he was heard; and considering that Congress had ordered an enquiry into the conduct of Monsr. de Borré, and that he, being notified thereof, did, on the 14 of September, wait on the president with an offer to resign his commission of brigadier general; and his resignation being accepted,
Resolved, That Congress do not consider him as an officer in the service of the United States, he having resigned his commission; and that his request to be made a major general, or to be further employed in the service of the United States, cannot be complied with.
A motion being made, "That General Washington be directed to order 2,000 stands of the arms expected from Springfield, to the State of Maryland, to be delivered to the governor and the council of that State, the arms so delivered to be charged to that State:" on motion made, and question put,2
[Note 2: 2 This motion, in the writing of Samuel Chase, is in the Papers of the Continental Congress, No. 36, I, folio 13a.]
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Resolved, That the consideration thereof be postponed.
The House was moved to pass the following resolution: "Whereas, it appears by letters to Congress from John Adam Treutlan, Esqr. governor of Georgia, and particularly by one dated the 19 June last, that it is the desire of the executive powers of government in the State of Georgia, that Congress should take under their consideration the several accusations against George M'Intosh, and determine on the case, and for that purpose have transmitted to Congress, divers minutes of council and assembly, together with certified copies of depositions relative to the said case, and had for that purpose ordered that the said M'Intosh should be conducted under guard to Philadelphia; and whereas, the said George M'Intosh has signified his consent to submit to an enquiry, by a committee of Congress, into the causes of his commitment:
Resolved, That the committee appointed to consider and report upon the letters, depositions, and other papers which have been received from Governor Treutlan, be authorized to inform the said G. M'Intosh, now attending the orders of Congress, of the accusations alledged against him, and to furnish him, if he shall require it, with copies of the depositions and other evidence in support of the charge, to hear and receive such answers as he may offer in his defence, and report the whole to Congress."
Question put, passed in the negative.
It was then moved, that the committee to whom the letters from Governor Treutlan, with the papers accompanying them, [were referred,] be discharged from considering them; and the question being put, and the yeas and nays required:
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So it was resolved in the affirmative.
A motion was then made respecting George M'Intosh; and, on a motion, made,
Resolved, That the consideration thereof be postponed till Monday next.
The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,
Ordered, That there be paid to Mons. de Romanet, Mons. du Ballet, Mons. Villefranche, Mons. l'Enfant, Mons. Niverd, Mons. Fouquet and Mons. Fouquet, Jun(r). lately arrived from France, to tender their services to the United States, each 100 dollars, for which they shall respectively be accountable.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 136, I, folio 427.]
Resolved, That the commissary general of issues be supplied, from time to time, with money for the payment of the several officers and other expences of his department,
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out of the continental treasury, for which purpose he is to apply to Congress, and to be accountable for the expenditure; and that 10,000 dollars be advanced to him or his agent, on account of the said department, for which he is to be accountable.
Adjourned to 4 o'Clock.
Four o'Clock, p. m.
Met.
The committee to whom were referred the two letters to William Buchanan, Esqr. commissary general of purchases; the one from Peter Colt, Esqr. deputy commissary general of purchases; [dated 2 September] and the other from Major General Putnam, commanding officer at Peekskill, [dated the 7 September] on the subject of the commissary general's department, brought in a report, which was taken into consideration; Whereupon,
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5,000 dollars, for the faithful performance of his duty; and such bond, being taken by the deputy commissary general, and lodged with the paymaster general, or deputy pay master general of the district, to be by him transmitted to the Treasury Board, the deputy commissary general shall no longer be chargeable or accountable for the good behaviour of such assistants:
Resolved, That the purchasers of live stock be respectively directed to adopt such other modes for marking the same as they shall judge expedient, and to transmit to Congress, by the earliest opportunity, the regulations for that purpose by them adopted:1
[Note 1: 1 The original report read: "expedient; and to describe the Cattle by their natural Marks alone, when those are sufficient, or others cannot be provided."]
[Note 2: 2 Against this paragraph was written "Omit this Clause."]
5. That each of the deputy commissaries general of purchases be authorized to allow to the purchasers of live stock, in his respective district, a longer time for making the returns required by the 10th article of the regulations
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of the departments of the commissaries, than is therein specified; provided such deputy commissary general shall judge it necessary, and the time further allowed does not exceed one month. And if, in the hurry of a march or engagement, or at any other time, any deputy appointed to receive, kill, and deliver live stock, shall be unable to weigh the meat, hides, and tallow thereof, he shall be indemnified from any charge of neglect, upon producing to the respective purchaser of cattle, a certificate from the commanding officer of the army, post, or detachment, of the fact as aforesaid; and such certificate shall also excuse the purchaser of live stock from producing the receipt of the issuing commissary, required by the 14th article of the said regulations:
[Note 1: 1 This paragraph was replaced by that which follows. The amended form is in the writing of Richard Henry Lee.]
6. That it never was the intention of Congress to make any purchaser of live stock, or officer of the department, liable for unavoidable loss of all or any part of such live stock, when such purchaser or officer shall make appear that proper care hath been taken to prevent such loss.
Resolved, That there be advanced to Marquis Calmes, commander of the division of Virginia militia from Frederick county, 1,000 dollars, for the use of the said division, the said Marquis Calmes to be accountable.
The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,
Ordered, That there be advanced to Captain Weaver,
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appointed to conduct the prisoners of war to Virginia, 2,000 dollars, for the use of the detachment under his command, and the support of the prisoners in the march; and for which he shall be accountable.
Congress resumed the consideration of the report from the Board of War; Whereupon,
Resolved, That the Baron de Kalb be at liberty to give up his commission of major general, if the contingency mentioned in his letter of the 28 ult. should happen:
That the Baron de Kalb's commission be dated the same day with that of the Marquis de la Fayette, [agreeable to the request of the Baron]:1
[Note 1: 1 Words in brackets were added by John Hancock.]
That the Chevalier de Buisson have a Brevett Commission of Lieut. Colonel with the Pay of a Major.
That a compliance with the 4 and 5 articles of Baron de Kalb's letter would be improper at this time, as Congress have not made any provision for their own officers, with whom foreign officers of equal merit and service will always be considered on a footing.
[Resolved,] That the commissary general of purchases employ a proper person to receive all the wheat belonging to the United States in the several mills and store-houses in the neighbourhood of York Town, and have such parts as are good manufactured into flour and delivered to the commissary general of issues; the bran and damaged wheat to be delivered to the commissary of forage.
Resolved, That Major Henry Brockholst Livingston, aid de camp to Major General Schuyler, be promoted to the rank of lieutenant colonel, as a reward for his merit and services in the American army.2
[Note 2: 2 This paragraph was not in the original report. In the writing of Charles Thomson it is in the Papers of the Continental Congress, No. 147, I, folio 352, with 9 ayes and 1 no recorded.]
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Resolved, That Major Troup, aid de camp to General Gates, be presented with a commission of lieutenant colonel, as a reward of his merit and services in the American army.
Resolved, That the Chevalier de Buisson shall have a commission as a major, and that whenever he shall think proper to return to France, he shall, if not promoted before that time to a higher rank, receive a commission of lieutenant colonel.1
[Note 1: 1 This paragraph was not in the original report. In the writing of William Duer (?) it is in the Papers of the Continental Congress, No. 147, I, folio 355, with Chase alone in the negative.]
Resolved, That it be referred to General Washington to make such provision for the quartering the troops in the winter season, as he shall think proper.
Resolved, That a standing committee of Indian affairs be appointed, and that the petition of Abraham Nimham be referred to them:
That Monday next be assigned for appointing the said committee.
Resolved, That the governor and council of New York, be desired to erect a monument, at continental expence, of the value of 500 dollars, to the memory of the late Brigadier Herkimer, [commanding the militia of Tryon county, in the state of New York,]2 who was killed fighting gallantly in defence of the liberties of these states.
[Note 2: 2 Words in brackets were added by John Hancock.]
Resolved, That a letter be written to General Gates, informing him, that Congress highly approve of the prowess and behaviour of the troops under his command, in their late gallant repulse of the enemy under General Burgoyne.3
[Note 3: 3 This report, dated October 1 and 2, and in the writing of Richard Peters, is in the Papers of the Continental Congress, No. 147, I, folio 349.]
Resolved, That the thanks of Congress be presented to General Stark of the New Hampshire militia, and the
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officers and troops under his command, for their brave and successful attack upon, [and signal victory over,]1 the enemy in their lines at Bennington: and that Brigadier Stark be appointed a brigadier in the army of the United States.
[Note 1: 1 Words in brackets were added by John Hancock.]
On the last clause, the yeas and nays were required and taken, as follows:
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So it was resolved in the affirmative.
Resolved, That the thanks of Congress be given to Colonel Gansevoort, and to the officers and troops under his command, for the bravery and perseverance which they have so conspicuously manifested in the defence of Fort Schuyler:
That Colonel Gansevoort be appointed colonel commandant of the fort he has so gallantly defended.
That Congress have a just sense of the distinguished
[Note 1: 1 The original report here added: "subject to the Orders of the Commander in Chief in the Northern Department."]
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merit of Lieutenant Colonel Willet, for a repeated instance of his bravery and conduct in his late successful sally on the enemy investing Fort Schuyler; [and that the commissary general of military stores be directed to procure an elegant sword, and present the same to Lieutenant Colonel Willet, in the name of these United States.]1
[Note 1: 1 Words in brackets were added by John Hancock.]
That a Letter be written to General Gates informing him that Congress highly approve of the Behaviour of the Troops under his Command in their late gallant and spirited Repulse of the Enemy under General Burgoyne.2
[Note 2: 2 This paragraph was struck out. In margin, Peters has written: "Qy. if not reported before?" See page 770, ante.]
That Daniel and Samuel Hughes of the State of Maryland should be released from their Contract for supplying the United States with Cannon at the Rate ofper Ton and that it should be referred to Arbitraters, to be respectively appointed by Daniel and Samuel Hughes and by the Board of War in Behalf of the United Postponed. States, to settle the Accounts for Monies advanced to the said Daniel and Samuel Hughes, and if they should judge it equitable, to make such additional Allowance to the Contract Price for Cannon already cast, as they shall deem sufficient to ensure a reasonable Profit to the said Daniel and Samuel Hughes for the Trouble they have been at in carrying on their Works for the Public Use.
That the Works of Daniel and Samuel Hughes should be engaged for the Public Use from theDay ofto theDay of1779; and that a Contract should be made forthwith to allow them for what Cannon, Mortars and other Ordnance or Stores they Postponed. may cast during that Term at the same averaged Price prTon as Potts shall bear at Quarterly Periods at any two Furnaces which the Board of War shall think proper to point out in said Contract. The Price of Carriage to be allowed from the Furnace of the said Daniel and Samuel Hughes to the Places where they are to be delivered, at the customary Rates.3
[Note 3: 3 This report, dated October 4, and in the writing of Richard Peters, is in the Papers of the Continental Congress, No. 147, I, folio 357. The members of the Board present were: John Adams, Samuel Adams, William Duer, Francis Lightfoot Lee and Charles Carroll.]
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Resolved, That the commissary of prisoners be directed to provide, under the directions of the Board of War, log barracks for the continental prisoners of war, that are already, or may hereafter be, sent to the commonwealth of Virginia, at such place or places as the governor and council of that State shall approve; that, in the construction thereof, regard be had to the health and safe-keeping of the prisoners, and that a convenient space of ground, surrounding or adjoining thereto, be set apart for benefit of air, and so enclosed, as to prevent all intercourse with the inhabitants; that until such barracks be provided, the prisoners be sent to the county lieutenants of Frederick and Augusta counties, in Virginia, to be by them secured, at continental expence, in such manner as shall be suitable for prisoners of war, and until the governor and council of Virginia shall take further order herein.1
[Note 1: 1 This paragraph, in the writing of Richard Henry Lee, is in the Papers of the Continental Congress, No. 147, I, Folio 353. Thomson has noted 7 ayes and 4 noes.]
The several matters to this day referred, being postponed,
Adjourned to 10 o'Clock Monday.
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