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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, DECEMBER 31, 1777
A letter of the 22, and one of the 25, from Governor Livingston, were read:1
[Note 1: 1 These letters are in the Papers of the Continental Congress, No. 68, folios 305 and 309.]
Application being made by the delegates of Virginia, for five field pieces for the use of their State,
Ordered, That it be referred to the Board of War.
Adjourned to 3 o'Clock.
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Three o'Clock, p. m.
The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,
Ordered, That a warrant issue on the treasurer in favour of the delegates of Virginia, for 100,000 dollars, to be advanced to the said State for the purpose of paying for goods collected and seized for the continental army, in consequence of a recommendation of Congress; the said state to be accountable:
That a warrant issue on William Armistead, commissioner of the continental loan office for the State of Virginia, in favour of the delegates of the said State, for 50,000 dollars, for the purpose of paying for goods collected and seized for the continental army, in consequence of a recommendation of Congress; the said State to be accountable:
That a warrant issue on the treasurer in favour of the Board of War for 20,000 dollars, to be transmitted by the said Board to John Smith, Esqr. county lieutenant of Frederick, in the State of Virginia, to defray the expences of building barracks, purchasing provisions for prisoners of war in the county aforesaid, and the guards over them, and also for paying the guards, it being agreeable to his excellency Governor Henry's letter of the 23 October, to Colonel William Kennedy, the said John Smith to be accountable:
That a warrant issue on Joseph Borden, Esqr. commissioner of the continental loan office for the State of New Jersey, for 50,000 dollars, to be advanced to, and for which the said State is to be accountable, and to be drawn in favour of the delegates of the said State.
That a warrant issue on the treasurer for 5,898 dollars in favour of Captain Williams, of the North Carolina
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batallion, to be paid to the officers and recruits belonging to the several Virginia batallions, under the command of Colonel John Williams, now detained in this place, by direction of the Board of War; for which purpose the said Captain Williams is specially appointed pay master.
Resolved, That the said Captain Williams be directed forthwith to pay off the said recruits, according to the muster rolls attested by General Conway, and to produce receipts from each of the officers and soldiers receiving the advance aforesaid, specifying the regiment or corps to which they belong, to be transmitted by the auditor general to the pay master general, who is to be accountable for the said sums.
Ordered, That a warrant issue on the treasurer in favour of William Buchanan, commissary general of purchases, for 300,000 dollars, for the use of the middle department; the said commissary general to be accountable:
That a warrant issue on Nathaniel Appleton, commissioner of the continental loan office for the State of Massachusetts bay for 200,000 dollars, in favour of James Mease, Esqr. cloathier general, for the use of his deputy, Samuel Allen Otis, Esqr., in the said State; the said cloathier general to be accountable.
Resolved, That the said cloathier general be directed to authorize Samuel Allen Otis, Esqr. to draw on him for such sums in bills of credit as shall be necessary to answer the demands on the said Mr. Otis for cloathing, which cannot be discharged by the preceding draught on tho commissioners of the loan office.
Whereas, Samuel Allen Otis, Esqr. deputy cloathier general in the State of Massachusetts bay, hath signified to Congress, that he hath contracted with sundry persons in the said State for a large quantity of cloathing for the
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use of the continental troops, at the most extravagant rate of 10 to 18 hundred per cent. and that some of the holders of the said goods have even refused to deliver him the same until they shall receive the cash, thereby adding to extortion the crime of wounding the public credit as far as in them lay, and manifesting a disposition callous to the feelings of humanity and untouched by the severe sufferings of their countrymen, exposed to a winter campaign, in defence of the common liberties of the country: Therefore,
Resolved, That Mr. Otis be directed to pay only for such of the said cloathing as he may have actually received,1 at the rate for which he may have contracted for such cloathing.
[Note 1: 1 The original report reads: "as he may have actually received at the date of this Resolution, or as the Holders thereof have been constantly willing to deliver to him when desired."]
Resolved, That it be most earnestly recommended to the legislative authority of the said State of Massachusetts bay, immediately to take and seize the residue of the cloathing which the holders thereof have refused to deliver to the said Samuel Allen Otis, until paid for the same, agreeable to the resolutions of Congress of the 20 inst., which cloathing shall be paid for in manner and at the rate mentioned therein and not otherwise.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, I, folio 531.]
Ordered, That the president write to the president of the council of Massachusetts bay, in the terms following:
It is with inexpressible concern that Congress learn the extortionate views and demands of the proprietors of cloathing lately purchased or attempted to be purchased within your State by Mr. S. Allen Otis, deputy cloathier general, for the use of the continental troops, now exposed in the field to the severities of the season; and that those individuals should even add to the crime of extortion a greater, if possible, that of refusing to deliver the goods upon the credit of the thirteen United States, whereby they not only wound the public
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credit, but in all probability will be the means of many brave soldiers perishing in the field, merely for want of necessary cloaths.
This irrefragable evidence of the depravity of morals, in so many of the citizens of these states, is a most alarming circumstance; and if the several governments do not speedily exert their authority to effectually suppress such unheard of extortion, it will unquestionably issue, and at no very distant period, too, in the destruction of the liberties of this Continent. Congress feel themselves obliged to sound the alarm, however distressing it may be, to the several legislatures of these states, that their revenues cannot support such astonishing extravagance. Shall we then tamely see ourselves compelled, by the wicked conduct of some of the citizens of these states, to the cruel necessity of submitting to the mercy of an enraged tyrant?
This must, however, inevitably be our fate should we delay applying a remedy to so dangerous an evil. Congress have judged it indispensably necessary to come into the resolutions enclosed herein, and those lately transmitted on a like subject, which you are desired immediately to lay before the general assembly for their consideration, who are requested to keep these resolutions, and their proceedings thereon, secret till carried into execution.
The Board of War brought in a report, which was taken into consideration; Whereupon,
Resolved, That as it is expedient to promote a speedy reformation in the army, as well for the purpose of discipline as oeconomy; and the number of officers being already out of all proportion to that of the privates, to avoid further embarrassments in this respect, it be recommended to the governments of the several states, to suspend filling up any vacancies in their respective regiments, until they shall hear further from Congress on the subject.1
[Note 1: 1 This report, in the writing of Richard Peters, is in the Papers of the Continental Congress, No. 147, I, folio 429. The members of the Board present were Francis Lightfoot Lee, William Duet, and John Harvie.]
A motion being made and debated, ∥for sending a committee to camp :∥
Ordered, That it be referred to a committee of three.
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The members chosen, Mr. [Francis] Dana, Mr. [William] Duer and Mr. [Eliphalet] Dyer.
Resolved, That the appointment of an adjutant general be farther postponed.
A letter, of this day, from Brigadier de Roche Fermoy;
One, of the 8 November, from Nicholas Cooke, president of the council of war for the State of Rhode Island;
One, of the 17 inst. from Jeremiah Powell, president of the council of Massachusetts bay, were read.1
[Note 1: 1 The letter of de Roche Fermoy is in the Papers of the Continental Congress, No. 78, IX, folio 149. That of President Cooke is in No. 78, V, folio 115. That of President Powell is in No. 65, I, folio 284.]
∥The several matters to this day referred, being postponed,∥
Adjourned to 10 o'Clock to Morrow.
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