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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, JANUARY 13, 1778


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Journals of the Continental Congress, 1774-1789
TUESDAY, JANUARY 13, 1778

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A letter from Mons. de la Balme; one, of the 13th December last, from Colonel Radière, with a memorial from the same; one, of the 6th December, from Baron de Steuben, at Portsmouth, New Hampshire, with sundry letters, recommending him to Congress; one of the 10th January from James Mease, at Lancaster; one, of the 18 December, from Lieutenant Colonel Campbell, a prisoner at Concord, in the State of Massachusetts bay; a letter of the 17 December, and one of the 25 December,


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1777, from General Heath; also, a letter of the 4th January, with a copy of a letter to General Gates ∥one of the 4th,∥ one of the 5th, and one of the 9th, from General Washington; a letter of the 10th, from Captain Barry, attending at York town, were read:1

[Note 1: 1 The letter from La Balme is in the Papers of the Continental Congress, No. 73, VII, folio 149; the letter and memorial of La Radière are in No. 78, XIX, folios 189 and 193; that of Steuben is in No. 19, V, folio 547; that of Campbell is in No. 78, V, folio 125; those of Heath are in No. 157, folios 57 and 61; and those of Washington are in No. 152, V, folios 249, 255, and 267.]

Ordered, That the letter from Mons. de la Balme, the letter and memorial from Colonel Radière, the letter from Colonel Campbell, and the letter of the 9, and that of the 5, from General Washington, be referred to the Board of War:

That the letter from Mr. Mease be referred to the Board of Treasury; the letter from Captain Barry to the Marine Committee.

Whereas, the declaration of Lieutenant General Burgoyne, in his letter of the 14 November last, to Major General Gates, that the public faith is broke on the part of these states, and other reasons set forth in the resolutions of Congress of the 8 January instant compelled Congress to adopt measures for securing the performance of the convention of Saratoga on the part of the court of Great Britain, whereby the embarkation of Lieutenant General Burgoyne's army has been necessarily suspended; and whereas, the subsistence of that army, in the State of Massachusetts bay, is not only extremely burthensome to these states, but tends greatly to distress the inhabitants of the country wherein they are quartered, and it is contrary to the principles of justice, that these states should suffer inconveniences from the conduct of Lieutenant General Burgoyne, which could not be foreseen at the time when the convention of Saratoga was entered into:


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Resolved, That General Washington be directed again to require of General Howe proper passports for vessels to transport salted meat, flour, and fuel to Boston, necessary for the subsistance of Lieutenant General Burgoyne's army, during the time they shall be necessarily detained in the State of Massachusetts bay, in consequence of the resolutions of Congress of the 8 January instant, and that General Howe be informed, that in case of his refusal to comply with this just request, these states will not deem themselves answerable for subsisting General Burgoyne's army, agreeable to the terms of the convention of Saratoga; but shall think themselves at liberty to remove or separate the said army, to such parts of the State of Massachusetts bay, as they may be conveniently subsisted in, till the convention of Saratoga shall be ratified by the court of Great Britain, and properly notified to Congress.

Adjourned to 3 o'Clock.

Three o'Clock, p. m

The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,

Resolved, That William Palfrey, Esqr. pay master general, be directed to order William Bedlow, his assistant, at Peekskill, to pay up the troops there to the 31st December last; and that Jonathan Trumbull, Jun. Esqr. deputy pay master general, be directed to pay from that time, all the troops under the command of any officer or officers in the northern department, or State of New York:

That the pay master general be empowered to appoint an assistant in his office, and a clerk for six months, in addition to one already employed by him:

That seventy dollars per month, and two rations a day, be hereafter allowed to each assistant, and fifty dollars a


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month to each clerk, in the office of the pay master or deputy pay master general.1

[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 13.]

The Board of War, to whom was referred the letter of the 20th December from General Spencer, brought in a report, which was taken into consideration; Whereupon,

Resolved, That it be earnestly recommended to the states of New Hampshire, Massachusetts bay, Rhode Island, and Connecticut, immediately to furnish, and keep up constantly in the State of Rhode Island and Providence Plantations, for the defence of the said State, their several quotas of troops, as adjusted by the resolution of a committee from the said states and the State of New York, which met at Springfield, the 30 of July last:

That a deputy quarter master general, a deputy adjutant general, a deputy muster master general, and a deputy commissary general of issues,2 be appointed to act, pro tempore, for the troops aforesaid: that the deputy commissary general of issues be appointed by the council of war of the State of Rhode Island and Providence Plantations; that the deputy quarter master general, deputy adjutant general, and deputy muster master general, be appointed by the officer commanding at that post; and that each of the foregoing officers take the oaths of fidelity and office required before they enter upon the execution of their respective offices:

[Note 2: 2 The original report provided also for a deputy pay master general, but a marginal note shows that that proposition was referred to the Board of Treasury. The manner of appointing those officers was added in Congress after the report had been presented.]

That General Spencer, or the commander of the forces aforesaid, be informed, that if provisions cannot be procured at reasonable rates, and he shall be obliged to impress them, he shall direct certificates to be granted, promising payment at such rates as shall be settled by the


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convention of committees to meet at New Haven, the 15 instant, in pursuance of a resolve of Congress of the 22 November last; and that this resolution have retrospect as to all accounts not liquidated for provisions or services supplied or performed to the 1st day of November, which are to be paid at the convention prices, [and all other unliquidated accounts for services or provisions supplied or performed since that period to the date of this resolution, to be paid for at the prices for which they are contracted.]1

[Note 1: 1 The words in brackets were added in Congress.]

Resolved, That General Spencer's resignation, for the reasons offered by him in his letter of the 20 of December, be accepted, when he shall be relieved from his present command by a suitable officer of the rank of a major general, who is to be immediately sent to take the command of the troops raised for the defence of the State of Rhode Island and Providence Plantations.

Resolved, That such parts of the letter from General Spencer as relate to money, be referred to the Board of Treasury, also that part relating to his allowance as in a separate department.2

[Note 2: 2 This report, dated January 12, is in the Papers of the Continental Congress, No. 147, I, folio 431. The members present were Francis Lightfoot Lee, William Duet, and John Harvie.]

Adjourned to 10 o'Clock to Morrow.

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