| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --WEDNESDAY, JANUARY 21, 1778
A letter, of the 18, from George Read, Esqr., president of the state of Delaware, was read:
A letter of the 20th, from W. Buchanan, commissary general of purchases, was read.1
[Note 1: 1 The letter of President Read is in the Papers of the Continental Congress, No. 70, folio 643.]
Ordered, That it be referred to the Committee of Commerce.
Congress according to the order of the day, resumed the consideration of the resolution passed 19th, respecting the pay of the officers of the navy, and sundry amendments being made, and some agreed to,
On motion, Resolved, That the original resolution, with the amendments, be referred to a committee of three:
The members chosen, Mr. G[ouverneur] Morris, Mr. [John] Harvie and Mr. [Abraham] Clark.
Ordered, That the committee sit on this business, and report this afternoon.
Adjourned to 3 o'Clock.
Three o'Clock, p. m
The committee appointed to devise effectual means to prevent persons disaffected to the interest of the United States from being employed in any of the important offices thereof, brought in a report:
The Committee appointed to devise effectual means to prevent persons disaffected to the interests of the United States from being employed in any of the important Offices thereof, beg leave to report the follow Resolutions:
Resolved, That all Commissioned officers in the Army or Navy of these United States; the Commissioners of the Navy boards; the Quarter Master General, Deputy Quarter Master generals; Commissaries
Page 69 | Page image
of forage, forage master; Commissaries of Stores, deputies and assistant quarter masters; the Commissary General and deputy Commissary generals of Purchases and issues, and their Deputies and assistant Commissaries; all Commissaries of other departments; all Officers of the Staff in the Army; the Treasurer, auditor general, Deputy auditor general and all other auditors and Commissioners of accounts; the Post Master, Surveyors and Comptroller general of the Post office, Postmasters and post riders; the Clothier General and his Deputies; the Director General deputy directors and all Surgeons and Physicians of the Hospitals and Army; and all clerks in every public office and Department, who are already appointed, shall within one month after notice hereof, and all such as may hereafter be appointed and accept of their appointments, immediately thereupon, previous to acting therein, severally take and subscribe the following oath (or if one of the people called quakers, Affirmation) (filling up the blank with their name and Office).
I --, do solemnly swear, or affirm, that I acknowledge the thirteen United States of America, namely, New Hampshire, Massachusetts Bay, Rhode Island and Providence plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia to be free Sovereign and Independant States, and that the people thereof owe no Allegiance or obedience to George the 3rd, King of Great Britain, and that neither the said King, nor the Parliament of Great Britain, nor any foreign Prince, Power or Potentate whatsoever, ought to have any power, right, Authority or jurisdiction over the said United States or any of them, or the Subjects thereof. And that I will to the utmost of my power support maintain and defend the said United States against the said King George the third, his heirs and successors, and his and their agents, abettors and assistants, and will faithfully serve the said United States in the office I now hold, and in any other office, which I may hereafter hold by their appointment or under their Authority, according to the best of my Skill and understanding. So help me God.
Which oath or Affirmation the Commander in Chief or any Major General or Brigadier General is authorized and directed to administer to all Officers of the Army, or in any of the above mentioned Departments, whose business require their attendance with the Army. And all officers of the Navy to take the said Oath before the Commissioners of any of the Navy boards where Convenient, or otherwise before any
Page 70 | Page image
Judge or Justice of the Peace in the State wherein they respectively reside or shall receive their Commission or warrant. And all commissioners of the Navy boards, Auditors, Commissioners of accounts, Commissaries, Quarter Masters, and all others officers before above mentioned whose business doth not require a steady Attendance with the Army, and who act in a Civil Department, to take the said Oath or affirmation before any Judge or Justice of the Peace of the State wherein they may Respectively reside.
And all persons whatsoever holding or who may hereafter be appointed to hold and exercise any of the above mentioned offices or appointments, or any other future office or appointment, (excepting officers in the Military line of the Army Commanding Divisions, Brigades or in Battalions or companies and also officers commanding in the Navy) shall at the time of taking the abovementioned Oath, or affirmation, also take an oath or affirmation of office in the following words.
I -- --, do solemnly swear (or affirm) that I will faithfully truly and impartially to the utmost of my skill and understanding, execute the office of --, to which I am appointed under the United States of America, and render a true Account of all monies by me received or expended on public account and of all stores or other effects with me entrusted which belong to the said United States, and in all respects to the utmost of my ability, discharge the trust reposed in me with strict justice and integrity.
Which several oaths or affirmations being subscribed and attested, the person administering shall deliver the same to the Deponent or affirmant, together with a duplicate thereof in like manner subscribed and attested. And all officers in the Military line shall cause their Oath or affirmation to be delivered to the Commander in Chief or Commander of a separate Department under whom they serve, or such other person as by General orders shall be appointed to receive the same, which the Commander in Chief and Commander of each separate Department shall cause to be sent to the Secretary of Congress, retaining an exact list of all officers so qualified with their Rank and time of Qualifying. All officers in the Navy shall send or deliver their oaths or Qualifications to the Navy board most convenient, who are required to transmit the same, together with their own qualifications to the Marine Committee as soon as conveniently may be. And all other persons above directed to take the said Oaths or affirmations are required upon the taking and subscribing thereof to send or
Page 71 | Page image
deliver the same to the Secretary of the State to which they respectively belong, or to such other person or persons as the Governor or President of such State shall direct, who is requested to cause the same when received to be transmitted to the Secretary of Congress. Each Deponent or affirmant to retain and keep the Duplicate of his Qualifications as a voucher of his compliance with the duty hereby enjoined him.
Resolved, That for the greater care and despatch in taking the before mentioned qualifications a Number of the forms thereof be immediately Printed, and sent to the Commander in Chief of the Army, the Commander in each separate Department, and to the Governor or President of each respective State.
Resolved, That if any officer of the Army or Navy or in any of the before mentioned Departments already appointed or who may hereafter be appointed and accepts of his appointment and neglects or refuses to take the before mentioned oath, oaths or affirmations, and to deliver the same in manner required as soon as time and Circumstances will admit, every such officer or person so neglecting or refusing shall be immediately Cashiered and forfeit two months' pay to the use of these United States, and be rendered incapable of serving in the Army, of the said States or of executing thereafter any office under Congress.
And whereas many persons employed as Deputy or assistant Commissaries, Quarter Masters or forage masters are dispersed in various parts of this Continent, over whom neither Congress or the head of their Department can have the immediate inspection, and many falsely call themselves publick officers in some Department,
Resolved Therefore that it be earnestly recommended to the Legislative and Executive Authority of each State to take effectual measures for preventing any person whomsoever within their State from exercising the Office of Commissary, Quarter Master, forage Master, or any other public employment who shall not be able to produce a legal appointment thereto together with a duplicate of the above oath or affirmation to any Magistrate when required, or who shall neglect or refuse to take the aforesaid oaths or affirmations, or who is of a doubtful and suspicious character, respecting either his integrity or Attachment to the interest of these States. And also to apprehend [arrest] confine or suspend every such officer who shall prove guilty of any Malpractices, or embezzle the Public money, or otherwise appear unfit or disqualified for such employment: and to appoint others in the room
Page 72 | Page image
of those displaced untill the pleasure of Congress can be known, to whom a particular account thereof is to be immediately forwarded.
Resolved, That every person employed either as Commissary, Quarter Master, forage Master, or in any other Civil Department of the Army shall be subject to trial by Court Martial for neglect of duty, or other offence committed in the execution of their office, and upon conviction shall suffer death, or such other punishment as shall be adjudged by sentence of such Court Martial.
And every person in any civil Department of the Army, or in any other Civil Department under the United States of America not immediately serving in the Army with whom money or any public stores shall be entrusted, receiving salary, fee or reward for his services to the public, and who shall wilfully waste embezzle or misapply such money or stores, shall be deemed guilty of felony, and upon indictment and due proof thereof in a Court of Justice proper for trying such Offences in the State where committed, shall suffer death, or such other punishment as shall be adjudged by such Court.
Provided, no person shall be tried in any Court of Judicature for the same offence, for which he had previous thereto been tried by a Court Martial; or be arrested or called to trial by a Court Martial for any offence not expressly made cognizable before them, or for which the offender may be under arrest, indictment or imprisonment by the civil authority.
Resolved, That every person in the service of these United States shall be answerable for and liable to make good all Damage the United States have sustained or may sustain by his neglect of duty, embezzlement of public money or stores, or any other fraudulent practice; which damage and all debts or accounts due to the United States to be recovered in any Court of Record where the same is cognizable in the State where the Defendant may be found, at the suit of the Treasurer of the United States of America for the time being.
Resolved, That the Executive power of each respective State be, and they are hereby requested and fully empowered to superintend, and cause a strict inquiry to be made into the Conduct of all those in the Commissary's or Quarter Master's Departments, or in any other Civil Department under Congress within their State, and also arrest imprison, displace, or suspend all those in the above mentioned Departments who are under pay, and render no adequate service or shall be guilty of peculation, misapplication of Public money, embezzlement of stores, or live in idleness or extravagance in neglect of their duty,
Page 73 | Page image
or who in any respect conduct themselves unworthy of the station they fill; and to appoint others, where such appointments may appear necessary, transmitting to Congress as soon as possible, the names, stations and ranks of all those displaced or suspended, with the offence occasioning the same and the names of those by them appointed.1
[Note 1: 1 This report, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 23, folio 33. See under February 3, 1778, post.]
Ordered, That the same be taken into consideration to morrow.
The committee to whom was referred the resolution of the 19th, respecting the pay of the officers of the navy, and the amendments adopted and proposed, brought in a report, which was read;
Whereas sundry Officers lately belonging to Ships and Vessels of the United States of America, by reason of the Loss of such Ships and Vessels or otherwise are not now in actual Service, and other such Officers and Men are now and hereafter may be in Captivity,
Resolved, That the Navy Boards of the Several Districts do forthwith and thereafter once in every three Months make return to the Marine Committee of the Officers not in Service as aforesaid, and of their past Services or Neglect of Duty; that the Said Committee do from Time to Time dismiss such of the Said Officers as they may think proper, and that the Remainder do receive their Pay, but no Rations or Subsistence Money; and further,
Resolved, That the Officers and Men who are or may be in Captivity be allowed their full Pay and the same Provisions as when on Board the Ships in the Service of the Said States, deducting therefrom all such Provisions as may be issued to them respectively by the Commissary of Prisoners or any other Person on Account of the Said States.2
[Note 2: 2 This report, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress, No. 28, folio 187.]
Ordered, That the consideration thereof be postponed till to morrow.
A letter, of the 12, from the commissioners for Indian affairs in the northern department, enclosing a letter from the Rev. E. Wheelock, and intelligence from Colonel
Page 74 | Page image
Bedell; one, of the same date, from James Duane, Esqr., were read:
Ordered, That they be referred to the Board of War.
A letter of the 12, from Major General Schuyler, and one, of the 6th, from Major General Arnold, were read:1
[Note 1: 1 The letter of the Indian Commissioners is in the Papers of the Continental Congress, No. 166, folio 377; that of Schuyler is in No. 153, III, folio 264.]
Ordered, That they be referred to the Board of Treasury.
The Board of War reported,
That having conferred with Mr. Elias Boudinot, commissary of prisoners, on the 21 December, and carefully examined the evidences produced by him, they esteem it their duty to state to Congress the following facts, relating to the American prisoners in the power of the enemy:
That as far as can be collected from the testimony of prisoners and inhabitants, who have left the enemy, there are about 900 privates and 300 officers in the city of New York, and about 500 privates and fifty officers in the city of Philadelphia:
That the privates in New York have been crowded all summer in sugar houses, and the officers boarded on Long Island, except about thirty, who have been confined in the provost guard and in the most loathsome gaols:
That since the beginning of October all these prisoners, both officers and privates, have been confined in prison ships or the provost:
That the privates in the city of Philadelphia have been kept in the two public gaols, and the officers in the state house:
That from the best evidence which the nature of the subject will admit of, it appears that the general allowance of provisions at the most, does not exceed four ounces of meat and the same quantity of bread, (often so damaged as not to be eatable) per man per day, and oftimes
Page 75 | Page image
times much less; although the professed allowance is from eight to ten ounces; and that the prisoners have been treated in general (officers not excepted,) with a cruelty scarce to be paralleled, and with the most studied and illiberal insult:
That it has been a common practice with the enemy, on a prisoner being first captured, to keep him three, four, and even five days, without a morsel of provisions of any kind, and then to tempt him to inlist with the new levies, in order to save his life:
That there are numerous instances of prisoners of war perishing in all the agonies of hunger from their severe treatment.
That being generally stripped of what cloaths they have when taken, they have suffered greatly for want thereof during their confinement:
That in the beginning of last summer, bills of exchange to the amount of £600 sterling, purchased of David Franks, British commissary of prisoners, residing within the jurisdiction of these states, were sent into New York for the relief of the prisoners; that every obstacle was thrown in the way to prevent the negotiation of these bills, and after a delay of two months, they were returned to Mr. Boudinot, the American commissary of prisoners:
That the American commissary of prisoners had permission to send in provisions from the Hudson's and Rariton rivers into New York, and to purchase cloathing there for about two months' past; but, on this condition, that the sloop, carrying the provisions, stop at the man of war stationed in the mouth of Hudson's river, where the hands are taken on board of the ship, and the agent for American prisoners in New York is obliged to send hands from thence to take the sloop over to the city and return her again to the man of war, which not only renders it very tedious and
Page 76 | Page image
expensive, but prevents getting sloops for the purpose, as very few owners chuse to trust their vessels in the enemy's hands, and to remain prisoners on board of the man of war till the sloop returns:
That provisions, which have been sent into the city of New York for the subsistence of the American prisoners, have been prevented by a public ordinance from being sold at a higher rate than 45s per ct. [hundred] for flour, although the current price of that article was six pounds per c.t [hundred], and it actually sold current at that price betwixt individuals, while the flour belonging to these states was sold at the ordinance price:
That the American prisoners1 in the power of the enemy have not had any allowance made to them for their subsistance, although the British officers in the power of these states have been allowed, by a resolution of Congress, two dollars a week for their subsistance:
[Note 1: 1 The original report has the word "officers."]
That in consequence of repeated remonstrances from General Washington to General Howe concerning the injurious treatment of prisoners in his power, General Howe, in his letter to General Washington in November last, promised, "that a commissary should be permitted to carry in a supply of cloathing, money and other necessaries for the prisoners in Philadelphia, and to visit the places where they were confined:"
That on a conference which passed betwixt Mr. Ferguson, the British commissary of prisoners, and Mr. Boudinot, the commissary of prisoners for these states, who was ordered by General Washington to visit the prisoners, agreeable to General Howe's promise, Mr. Ferguson said, that he was desired by General Howe to let Mr. Boudinot know, "that there could be no necessity for his coming into the city, as he would see that the
Page 77 | Page image
prisoners were properly dealt by;" and Mr. Boudinot was not suffered to go in:
That, on this conference, Mr. Ferguson, the British commissary of prisoners, complaining of the inattention paid to the supplying of prisoners in their hands with cloaths, said, "that there was plenty of cloathing in Philadelphia, which we were at liberty to purchase for provisions, and to appoint agents for that purpose; that on Mr. Boudinot's expressing his doubt on this point, Mr. Ferguson shewed great surprize at his unbelief, and assured him repeatedly that full liberty to purchase cloathing would be granted:"
That Mr. Ferguson, in his letter of the 2d December says, "that permission will be given to send in cloathing to our prisoners, but that General Howe does not think fit to allow it to be purchased in Philadelphia."
Congress taking into consideration the foregoing facts, and considering, that during the whole time in which the American prisoners have suffered such unparalleled rigour and insult, and every obstacle has been thrown in the way to obstruct their relief, the prisoners taken from the enemy have been plentifully supplied with provisions, either at the expence of these states or by commissaries in the service of the enemy, permitted to reside, and purchase, without controul, within the jurisdiction of these states; that their officers have been admitted, on their parole, in good quarters, and a weekly allowance made them; that few, even of their privates, have been, for any time, confined in gaol; but, on the contrary, that they have been permitted to work abroad, and to receive the full price of their labour; thereupon,
Resolved, That the allowance of two dollars a week to officers, who are prisoners of war to these United States, do cease, unless to those officers who may be entitled
Page 78 | Page image
thereto by any contract made on or before their captivity or surrender:1
[Note 1: 1 These paragraphs were not in the original report, but are found as amendments in the Papers of the Continental Congress, No. 147, I, folio 541.]
That neither David Franks, nor any other agent or person whatsoever, be permitted to negotiate bills within these United States for the supply of prisoners taken from the enemy, or to purchase provisions, or other necessaries for such purpose, within the jurisdiction of these states, except in the manner herein-after provided:1
That every British commissary, or any other persons or agents, employed to supply prisoners taken from the enemy, with provisions, shall make returns of the prisoners under his or their respective care to the purchasing commissary of the district, wherein such prisoners are confined, who shall deliver a sufficient number of rations for their weekly or monthly subsistance, as circumstances shall render necessary, taking duplicate promissory receipts for the same, payable in thirty days after date, one of which receipts shall be forthwith transmitted to the commissary general of purchases, or to the deputy commissary general of the department in which the provisions are supplied:
That the provisions so received shall be paid for in the manner prescribed by the resolution of Congress of the 19 December last; and, in case the same shall be accounted for in gold and silver, the commissary general or deputy commissary of purchases receiving the same, shall remit it, without delay, to the Board of Treasury, in order that the same may be applied as a fund for relieving the distresses of the prisoners in the power of the enemy:
That, in case failure shall be made by any person signing such receipt, in discharging the amount, when it shall become due, no farther provisions shall be issued for the
Page 79 | Page image
maintenance of the prisoners under the care of the person or persons so failing:
That, in return for the permission hereby given to purchase provisions of the American commissaries, for the use of the enemy's prisoners, General Washington be directed to demand of General Howe, liberty to purchase cloathing in such places as may be under his power, for the use of the American prisoners; the cloathing so furnished to be paid for either in gold or silver, or in provision, to be sent in and sold at the market price: and that,
In case General Howe should chuse to order provision and other necessaries to be sent out for the supply of the prisoners in our power, instead of the mode proposed by the former resolutions, he be permitted to send what supplies may, from time to time, be necessary, to such post as the American commissary of prisoners shall direct, which provision when sent out, shall be issued to the prisoners by persons appointed by General Howe for that purpose, provided that permits be granted by General Howe for transporting provisions either by land or water, as shall be most convenient, from the states of New York, New Jersey, Pensylvania, Maryland, and Virginia, for the use of the American prisoners in the cities of New York, and Philadelphia, and in the town of Newport, in Rhode Island; and the provisions so sent in, be issued out by commissaries or by other persons appointed for such purpose, by these states, who shall be permitted to reside at the places where the prisoners are confined:
That, in return for the permission given by the resolution of Congress of the 21 May, 1776, for a commissioned officer from the British army to visit monthly the prisoners in the power of these states, "in order to count their numbers and certify their rolls," General Washington be directed to demand peremptorily of General Howe, a like
Page 80 | Page image
permission, or to agree upon any other equal mode, for ascertaining the situation of the American prisoners, which shall be deemed most expedient; and in case of General Howe's refusal to give satisfaction on this point, that General Washington regulate his future conduct by the conduct of General Howe:
That General Washington be directed to require of General Howe the reasons why several officers in the service of these states, and other citizens, now in his power, have been so long confined either in the provostguard or loathsome gaols, and treated with such unparalleled rigor; and if General Howe shall refuse to make any answer to his requisition, within the space of five days, or give such reasons for the treatment of these unfortunate persons as shall not be justifiable by the laws of nations, General Washington be directed immediately to order a number of the enemy's officers, as nearly equal in rank and condition of life as possible, to the persons so confined without just cause, forthwith to be imprisoned, subsisted, and treated in the same manner as the persons above alluded to are imprisoned, subsisted, and treated; and that he be informed, that it is the expectation, and express order of Congress, that this mode of treatment, in general, be continued, changed, or suspended, as the conduct of the enemy, with respect to the American prisoners, shall, from time to time, render just and necessary,1 without waiting for any special order from Congress for such purpose:
[Note 1: 1 From this point to the end of the report the writing is that of William Duer.]
That the commissary general of prisoners, and his respective deputies, be forthwith directed to call in all the officers and privates belonging to the enemy, and to confine them in such places, and order them to be subsisted and treated in such manner, as shall render their situation
Page 81 | Page image
similar in all respects to that of the officers and privates who are prisoners with the enemy; and that they continue this mode of treatment, till such time as a change of conduct, on the part of the enemy, shall induce Congress, or the commander in chief of the armies of these states, to give directions for a different line of conduct on their part:
That it be recommended to the government of the respective states, where prisoners of war are confined, to give every assistance in their power to the commissary general of prisoners or his deputies, by putting them in possession of gaols or other proper buildings, and by furnishing them with guards, in order to enable them to execute the foregoing resolution.
And whereas, General Howe, by his letter to General Washington in November last, affects to make a distinction in the treatment of persons taken in arms, and of the faithful citizens of these states subjected to his power, in a manner not only contrary to reason and the principles of humanity, but inconsistent with the sentiments expressed by General Howe himself, in his letter to General Washington, dated Staten Island, 1 August, 1776:
Resolved, That General Washington be directed to require of General Howe an explanation of those parts of his letter of November, 1777, which imply this distinction, and the line of conduct which he means to observe for the future, with respect to such of the faithful citizens of these states as may be subjected to his power.1
[Note 1: 1 This report, January 21, is in the Papers of the Continental Congress, No. 147, I, folio 445.]
Resolved, That a committee of four be appointed to prepare a manifesto on the injurious treatment our prisoners and faithful citizens receive from the enemy: the members chosen, Mr. [John] Witherspoon, Mr. J[onathan]
Page 82 | Page image
B[ayard] Smith, Mr. [James] Lovell, and Mr. G[ouverneur] Morris.
¶Adjourned to 10 o'Clock to Morrow.¶
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |