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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 --MONDAY, DECEMBER 8, 1777


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Journals of the Continental Congress, 1774-1789
MONDAY, DECEMBER 8, 1777

Link to date-related documents.

A letter, of the 6, from General Stephen, was read:

A letter from the Chevalier de Failly, with a letter in his favour from General Gates, was read.

And a petition from Michael Welsh, was read:2

[Note 2: 2 The letter of Stephen is in the Papers of the Continental Congress, No. 162, folio 235; that of Failly, in No. 78, IX, folio 145; that of Welsh, in No. 59, III, folio 193.]

Ordered, That the letter from the Chevalier de Failly and the petition of Michael Welsh be referred to the Board of War.

Sundry intercepted letters from Owen Jones, Junr. to sundry persons at Lancaster, were laid before Congress:

Ordered, That they be referred to a committee of three.

The members chosen, Mr. [William] Ellery, Mr. [William] Duer, and Mr. [John] Harvie.

Whereas, it is of the greatest importance that Congress should, at this critical conjuncture, be well informed of the state of affairs in Europe; and whereas, Congress have resolved that the Hon. Silas Deane, Esqr. be recalled from the Court of France, and have appointed another commissioner to supply his place there:


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Ordered, That the committee for foreign affairs write to the Honble. Silas Deane, and direct him to embrace the first opportunity of returning to America, and upon his arrival, to repair with all possible despatch to Congress.

Congress resumed the consideration of the report from the Board of War; Whereupon,

Resolved, That General Washington be informed that General Howe's answer to his letters of the 14 and 23d November, remonstrating against the inhuman treatment of the American prisoners, is, in the opinion of Congress, by no means explicit and satisfactory; since it does not invalidate the truth of the depositions of Joseph Cloyd and William Dewees, citizens of the commonwealth of Pensylvania, and strongly implies General Howe's intentions of making a distinction in treatment between persons taken in arms and the faithful and liege citizens of these states, who, by stratagem or the fortune of war, may fall into his power; an intention not only subversive of the principles of humanity, but inconsistent with the spirit of General Howe's former sentiments on this subject, as expressed in his letter dated Staten Island, August 1, 1776, viz. "Wishing sincerely to give relief to the distresses of all prisoners, I shall readily consent to the mode of exchange you are pleased to propose, viz. officers for those of equal rank; soldier for soldier; CITIZEN for CITIZEN; the choice to be made by the respective commanders for their own officers and men."

It was then moved, "That General Washington be directed to demand of General Howe a speedy and explicit explanation of the line of conduct which he hath adopted, and means to observe in future to such persons, whether officers, soldiers, or citizens of these states, as may be subjected to his power:"


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It was then moved, That the consideration thereof be postponed to Monday next; and the yeas and nays being required:

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So it was resolved that the consideration of the motion be accordingly postponed.

The committee appointed to repair to Lancaster to confer with the general assembly of the State of Pensylvania, report,

That they have executed the business committed to them, and beg leave to refer to the resolves of the said assembly, of the 3d and 6th instant, accompanying this report.

The committee farther report that they have despatched an express to Governor Clinton, to be informed whether the salt ordered to be sent to the North river is arrived there, in order to regulate the movement of the waggons to bring it forward.

Resolved, That a committee of five be appointed to take into consideration the state of those counties in the states of Pensylvania, Jersey, and Delaware, which border on the enemy, or are in the neighbourhood of General


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Washington's army, and report the most effectual and vigorous measures for subsisting the army under the command of General Washington, and distressing that of the enemy.

The members chosen, Mr. [William] Duer, Mr. [William] Ellery, Mr. [Francis] Dana, Mr. F[rancis] L[ightfoot] Lee, and Mr. [Eliphalet] Dyer.

A letter from the Viscount de Mauroy, at Boston, and one of the 6th, from the committee at camp, were read.1

[Note 1: 1 The letter of De Mauroy is in the Papers of the Continental Congress, No. 78, XV, folio 279. That of the committee at camp, in the writing of Elbridge Gerry, is in No. 137, Appendix, folio 193.]

∥The several matters to this day referred, being postponed,

Adjourned to 10 o'Clock to Morrow.∥

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