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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 --THURSDAY, FEBRUARY 5, 1778


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Journals of the Continental Congress, 1774-1789
THURSDAY, FEBRUARY 5, 1778

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Resolved, That the Committee on Foreign Applications be directed to examine into the circumstances of the French officers who have been detained in this town, under a promise of having their expences borne until employed, or until they can have a positive answer that they cannot be taken into the service, and that the Committee report what sums should be paid to them.

Ordered, That the Board of Treasury take into consideration the services of Charles Thomson, Esqr. in executing the office of secretary of Congress since the 10th day


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of May, 1776, the time he was last paid up to, and report an adequate allowance.

A letter, of the 3d, from the council of Pensylvania, to the delegates from that State, in Congress, was laid before Congress, and read.1

[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 69, I, folio 483.]

The committee, to whom was referred the proposal of the Board of War, respecting founderies, brought in a report; Whereupon,

Resolved, That the Board of War and Ordnance be directed to lay before Congress an estimate of the expense of erecting and carrying on a foundery for brass ordnance, the number of persons necessary to conduct the business, and the proper salaries for each.2

[Note 2: 2 This report, in the writing of James Lovell, is in the Papers of the Continental Congress, No. 27, folio 75.]

A recommendation from General Gates in favour of the Chevr de Failly: that on account of his "having distinguished himself in the army of the United States during Ordered to be expunged, February 16, 1778. the last campaign in the northern department, by his zeal, conduct and bravery in several detachments, and frequently reconnoitering the enemy's advanced posts, as likewise by his intrepidity in two general actions, he may be promoted from the rank of lieutenant colonel, which he first obtained on entering the service to that of colonel in the army of the United States" was read. Whereupon, it was moved

That a colonel be now appointed. To this the previous question was moved, whether that question be now put,

Passed in the negative.

The Committee on the Treasury brought in a report; Whereupon,

Ordered, That a warrant be drawn on the treasurer in favour of Mr. Anthony Butler, agent to Quarter Master


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General Mifflin, for 12,000 dollars, for the use of three brigades of waggons about to be despatched to North Carolina for cloathing; for which the said quarter master general is to be accountable.

Ordered, That there be advanced to Colonel Donald Campbell, five hundred and thirty three dollars and one third of a dollar, for which he is to account, and that a warrant issue on the treasurer for the said sum.

Resolved, That the pay of the commissioners of accounts in the several departments be augmented to five dollars a day.1

[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 63.]

Resolved, That the captain or commanding officer of each company in the service of the United States, shall, at the end of every month, furnish the regimental pay master with a pay roll, containing the names of the commissioned and non-commissioned officers and privates of the company, their rank, the time from and to which they are to be paid, their monthly pay, the sums due to each, and a column for casualties, in which is to be inserted the dates of deaths, desertions, discharges, and captivities: and the several regimental pay masters shall respectively keep true copies of such pay rolls, and cause the amount thereof to be added to the proper abstracts of field and staff officers, that the whole may be examined, as heretofore ordered by Congress.2

[Note 2: 2 This paragraph, in the wilting of Elbridge Gerry, is in the Papers of the Continental Congress, No. 136, II, folio 61.]

Resolved, That the treasurer be directed to send to William Palfrey, Esqr. the money ordered on the 14 January last, under such escort as the Board of War shall furnish, the commanding officer of the escort to give his receipt for the same to the treasurer, which receipt shall be cancelled, by lodging with the treasurer, in lieu thereof, the receipt of the pay master general.


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The committee appointed on the 27 August, 1777, to collect evidence of the state of the army in the northern department, and also the state of the troops, military stores and provisions at the posts of Tyconderoga and Mount Independence, before, and at the time when the evacuation was determined upon, report,

That they have made the fullest enquiry in their power into the several articles enumerated in the resolve of Congress of the date above mentioned, and have collected a variety of evidence, which they are ready to transmit to General Washington; Whereupon,

Resolved, That the committee be directed to transmit the evidence by them collected to General Washington, and that he be authorized and directed to appoint a court martial for the trial of the general officers who were in the northern department when Ticonderoga and Mount Independence were evacuated, agreeable to the rules and articles of war:1

[Note 1: 1 This report, in the writing of Henry Laurens, is in the Papers of the Continental Congress, No. 29, folio 26. What follows is in the writing of Charles Thomson.]

That two counsellors, learned in the law, be appointed to assist and co-operate with the judge advocate in conducting the trial.

The gentlemen chosen:

Jonathan D. Sergeant, Esqr. attorney general for the State of Pensylvania;

William Patterson, Esqr. attorney general for the State of New Jersey.

Resolved, That the commander in chief be directed to transmit to Congress, the proceedings of all general courts martial held on the trial of general officers.

Congress took into consideration the letter of the 3, from the council of Pensylvania to their delegates in Congress: Whereupon,


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Resolved, That a committee of three be appointed to take into consideration the said letter; that the Board of War be directed to lay before the said committee the whole of their proceedings in consequence of the resolutions of Congress of the 15 January last, for the laying up magazines of flour for the use of the army; and that the said committee report, as soon as may be, what measures should be taken for that purpose:

The members chosen, Mr. [Thomas] M'Kean, Mr. [John] Henry, and Mr. [William] Ellery.

A letter, of the 3, from General Washington, was read.1

[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 152, V. folio 283.]

Congress took into consideration the report of the Board of War of the 28 January: Whereupon,

Resolved, That the following plan be adopted for carrying into immediate execution the important business of the quarter master general:

The three last to be governed in their purchases by the estimates and orders of the quarter master general or the Board of War.


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Ordered, That the Board of War prepare suitable regulations for the quarter master general's department, agreeable to the foregoing plan.

The Board of War having returned the memorial of Lieutenant Colonel Dyer, with their opinion, Congress took the same into consideration; Whereupon,

Resolved, That General Washington be directed to extend Lieutenant Colonel Dyer's furlow to the first of April; and if, at that time, he shall not have recovered his health, so as to be able to take the field, that his resignation be accepted.1

[Note 1: 1 See note under February 11, p. --, post.]

A letter, of the 13 January, from Major General Heath, at Boston, with sundry papers enclosed, was read:2

2This letter is in the Papers of the Continental Congress, No. 57, folio 135.

Ordered, That it be referred to the Board of War. Adjourned to 10 o'Clock to Morrow.

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