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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, OCTOBER 8, 1777
A letter, of the 5, from General Washington, was read; also a petition from David Redick:2
[Note 2: 2 The letter of Washington is in the Papers of the Continental Congress, No. 152, V, folio 81. It is printed in Writings of Washington (Ford), VI, 93. That of Redick is in No. 42, VI, folio 421.]
Ordered, That the petition be referred to the Board of War.
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Whereas, the fourth Georgia batallion of continental troops, commanded by Colonel John White, is about to march from the State of Pensylvania to its station in the State of Georgia; and, whereas, it may be necessary for the good order of the said batallion that general courts martial may be held to try and punish offenders for breach of the articles of war on the march of the said batallion; and whereas, there is no general officer in the service of the United States stationed on or near the route of its march, without whose authority, according to the articles of war, no general court martial can be held for the trial and punishment of such offenders:
Resolved, therefore, That the said Colonel John White be empowed, at any time in the course of his said march, to order a general court martial to consist of his own officers, if none others of the continental army can be conveniently summoned, and to try any non-commissioned officer and soldier belonging to the said batallion, who shall be charged with breaking any of the articles of war; and to confirm the sentence of any such court martial, to discharge the said court martial, or to confirm any such sentence, and afterwards to remit the punishment that shall be so sentenced, as he shall think proper; provided that the powers hereby given shall cease and determine so soon as the said batallion shall arrive at its station in Georgia.
The house being moved to pass a resolution, to prevent an intercourse between the towns in the possession of the enemy and the inhabitants of the country;
Ordered, That it be referred to a committee of three:
The members chosen, Mr. R[ichard] H[enry] Lee, Mr. J[ohn] Adams and Mr. [Samuel] Chase.
Adjourned to 4 o'Clock.
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∥Four o'Clock, p. m.∥
The committee to whom was referred the resolution ∥motion∥ for preventing an intercourse between the towns in the possession of the enemy and the inhabitants of the country, brought in a report; Whereupon Congress came to the following resolutions:
Whereas, it is of essential consequence to the general welfare that the most effectual measures should be forthwith pursued for cutting off all communication of supplies, or intelligence to the enemy's army now in, and near the city of Philadelphia; and whereas, it has been found, by the experience of all states, that, in times of invasion, the process of the municipal law is too feeble and dilatory to bring to a condign and exemplary punishment persons guilty of such traitorous practices:
Resolved, That any person, being an inhabitant of any of these states, who shall act as a guide or pilot by land or water for the enemy, or shall give or send intelligence to them, or in any manner furnish them with supplies of provisions, money, cloathing, arms; forage, fuel, or any kind of stores, be considered and treated as an enemy and traitor to these United States; and that General Washington be empowered to order such person taken within thirty miles of any city, town or place in the states of Pensylvania, Jersey and Delaware, which is, or may be in the possession of any of the enemy's forces, to be tried by a court martial, and such courts martial are hereby authorized to sentence any such persons convicted before them of any of the offences aforesaid, to suffer death or such other punishment as to them shall seem meet.
This resolve to remain in force until the first day of January next, unless sooner revoked by Congress.
And, whereas, it has been represented to Congress, that many evil disposed persons, enemies to these United
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States, make a practice of passing to and from the enemy's quarters, propagating false intelligence, thereby to dispirit the people and aid the cause of our enemies,
Resolved, That it be recommended to all magistrates and officers, civil and military, and to all the good people of these states, to be vigilant in apprehending, securing and bringing to condign punishment all such offenders, in order that a speedy and effectual stop may be put to such a pernicious practice.
Resolved, unanimously, That the thanks of Congress be given to General Washington, for his wise and well concerted attack upon the enemy's army near Germantown, on the 4th instant, and to the officers and soldiers of the army, for their brave exertions on that occasion; Congress being well satisfied that the best designs and boldest efforts may sometimes fail by unforeseen incidents, trusting that, on future occasions, the valour and virtue of the army will, by the blessing of Heaven, be crowned with complete and deserved success.
Resolved, That Mr. [Henry] Laurens and [Thomas] Heyward be added to the committee appointed to carry into execution the resolution of Congress, ordering a medal to be struck and presented to General Washington.
Resolved, That to morrow morning Congress take into consideration that part of the confederation that relates to taxation.
A letter, of the 27 September, from General Schuyler, at Albany, was read.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 153, III, folio 252.]
The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,
Resolved, That a warrant be drawn on the treasurer, in favour of William Hornby, for twenty thousand dollars,
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in discharge of a bill drawn on the president of Congress by the president of Georgia, for the use of the continental troops in that State; and that the said sum be considered as part of the three hundred thousand dollars ordered to be sent to supply the military chest in that State, the said State to be accountable:
Resolved, That another warrant be drawn on the treasurer in favour of the said William Hornby, for five hundred dollars, to defray his expences in coming and returning from Georgia to York town, in Pensylvania, agreeable to the request of the president of Georgia, and that the said sum be considered as part of the four hundred thousand dollars, ordered to be sent to that State to reimburse it for its expenditures for the Continent, the said State to be accountable.
Resolved, That there be advanced to the Marine Committee eight hundred Dollars, for which they are to be accountable.
Resolved, That five thousand dollars be advanced to Colonel Peter Tarling, deputy quarter master general to the troops in Georgia, he to be accountable; and that the same be considered as part of the three hundred thousand dollars ordered to be transmitted for the use of the continental troops in that State.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 431. The last two paragraphs are in the writing of James Duane.]
The several matters &c ∥to this day referred, being postponed,∥
Adjourned to 10 o'Clock to Morrow.
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