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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 --TUESDAY, DECEMBER 30, 1777


Journals of the Continental Congress, 1774-1789 PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journals of the Continental Congress, 1774-1789
TUESDAY, DECEMBER 30, 1777

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The Marine Committee, to whom was referred a letter from the navy board at Bordentown, dated the 11 instant, complaining of the disrespect and ill treatment one of the said board lately received from John Barry, Esqr., commander of the frigate Effingham, brought in a report; Whereupon,

Resolved, That Captain John Barry be required immediately to attend Congress, to answer to the complaint exhibited against him, and that he be furnished with an extract from the letter of the navy board, as far as it relates to the said complaint.

Whereas, it is essentially necessary to the marine service, that the officers of the navy of the United States of America should pay obedience to such orders as the navy boards in the respective departments may at any time find necessary to give them, for promoting the public


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service; and that all the officers in the said navy should treat the said navy boards with decency and respect:

Resolved, That the navy boards be, and they are hereby empowered to suspend any officer of the navy within their respective districts, who shall refuse to pay obedience to such orders as they may think necessary to issue, or who shall treat them with indecency and disrespect: and the said navy boards are hereby required to give immediate notice to the Marine Committee of any such suspension, with the reasons thereof.

The Marine Committee farther reported, that they have taken into consideration the proceeding and sentence of a court martial, held on board the ship Lion, at Bordentown, in New Jersey, for the trial of John Stewart, master's mate of the ship Repulse, and James Ledlie, master at arms of the said ship, and John Pemberton, armourer, John Campbell, quarter master, and Michael Tarney, a boy, all belonging to the said ship Repulse; and it appearing that the criminals, previous to the offences for which they are under condemnation, had behaved themselves as became their stations, and no positive proof appearing that they intended to desert to the enemy; and they being recommended as proper subjects of mercy, it is their opinion that they be pardoned, on condition they will inlist to serve as privates in the navy during the war:

Resolved, That Congress concur with the committee.

Adjourned to 3 o'Clock.

Three o'Clock, p. m.

The Board of War brought in a report, which was taken into consideration; Whereupon,

Resolved, That General Washington be directed to inform the brave officers and soldiers of the continental army, now in camp, that, as the situation of the enemy


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has rendered it necessary for the army to take post in a part of the country not provided with houses, and in consequence thereof to reside in huts; Congress approving of their soldierly patience, fidelity and zeal, in the cause of their country, have directed one month's extraordinary pay to be given to each, and are exerting themselves to remedy the inconveniencies which the army have lately experienced from the defects of the commissary and cloathier's departments:

That, after the 1st day of January next, the commissary general of purchases be directed, from time to time, to compute the cost of each part of a ration, agreeable to the prime cost of the several articles composing the same; and that he send a certificate thereof to the Board of Treasury, and also to the commissary general of issues, who is thereupon directed to publish the same to the issuing commissaries, to be by them observed, in lieu of the estimate made in the 38 article of the commissary's regulation, passed by Congress the 10th June last:

That General Washington be directed to recommend to the officers of the army to draw such a part of their rations only as may be necessary for their respective subsistence, and to receive the residue in money, at the estimated cost aforesaid, until the difficulties arising' from the present deficiency in the commissary's department shall be removed.1

[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, I, folio 425.]

Resolved, That the powers vested in General Washington by the resolutions of the 17 September and 8th of October last, and of the 10th inst. be extended from the last day of the present month to the 10th day of April next, unless sooner revoked by Congress.2

[Note 2: 2 This paragraph, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 147, I, folio 400. The limit first named was "to the first day of April for and during the term of three months."]


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Resolved, That all persons, inhabitants of any of these United States, who have voluntarily inlisted, or shall so inlist with or join the enemy of the said states, and have been or shall be taken in arms, be confined in close gaols, subject to be delivered up to the respective states to which they belong, to be dealt with agreeable to the laws thereof, and that the commissary general of prisoners and his deputies be directed, from time to time, to transmit to the respective states the names of such of their citizens who have been made prisoners.

A letter from Brigadier de Roche Fermoy was read, desiring to be promoted to the rank of major general; Whereupon,

Resolved, That Brigadier de Roche Fermoy be informed that Congress do not think it expedient to promote him to the rank he solicits.

Resolved, That to morrow be assigned for appointing an adjutant general in the room of Colonel Pickering, who is called to the Board of War.

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

Adjourned to 10 o'Clock to Morrow.

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