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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 --FRIDAY, FEBRUARY 6, 1778
Resolved, That a committee of three be appointed as a committee of intelligence, with power to extract and publish such parts of letters, papers and intelligence referred to them as they shall judge proper:
The members chosen, Mr. J[onathan] B [ayard] Smith, Mr. [James] Lovell, and Mr. [John] Henry.
A letter from Lieutenant Colonel Fleury was read; Whereupon,
Resolved, That Lieutenant Colonel Fleury be informed Ordered to be struck out the same day. the Congress look upon the late service in which he has been lately employed by General Washington, as of the utmost importance, and that they desire he may return to
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the camp and prosecute that design in which, if he succeed, it will be considered as a most essential service.
The Committee on the Treasury brought in a report: Whereupon,
Ordered, That a warrant issue on the treasurer in favour of the delegates of the State of Delaware, for 10,000 dollars, to be transmitted to the honorable George Read, Esqr. vice-president of the said State, for the purpose of recruiting the Delaware batallion; the said State to be accountable.
Ordered, That a warrant issue on the treasurer for 100,000 dollars, in favour of William Palfrey, pay master general, to be transmitted him by the treasurer, for the use of the army, and that the treasurer take a receipt for the money from the officer who is to convey the same, and the officer to return a receipt from the pay master general, to be lodged with the treasurer; the pay master general to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 65.]
Congress took into consideration the report of the committee to whom the letters from Dr. Shippen, Dr. Rush, and others were committed; and thereupon came to the following resolutions:
For the better regulating the hospitals of the United States,
Resolved, That there be a deputy director general for the hospitals between Hudson and Potomack rivers; and that the superintending care of the director general be extended equally over the hospitals in every district, and that he be excused from the duty of providing supplies, and from "particularly" superintending the said hospitals when the deputy director general shall be ready to enter upon the office:
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That the several officers of the hospitals shall cease to exercise such of their former powers as are herein assigned to other officers thereof:
That in the absence of the director general from any district, the physician general and surgeon general shall hereafter determine the number of hospitals to be provided by the deputy director general for the sick and wounded, and shall superintend and controul the affairs of such hospitals:
That the director general shall consult with the physician general and surgeon general in each district, about the supplies necessary for the hospitals, and shall give orders in writing to the deputy director general thereof to provide the same; and, in the absence of the director general, the physician general and surgeon general shah issue such orders:
That each deputy director general shall appoint one or more of the assistant deputy directors, under him, to the sole business of providing beds, furniture, utensils, hospital cloathing, and such like articles; and shall appoint one or more to provide medicines, instruments, dressings, herbs, and necessaries of a similar kind:
That the director general shall frequently visit the hospitals in each district, and see that the regulations are carried into effect; shall examine into the number and qualifications of the hospital officers, report to Congress any abuses that may have taken place, and discharge the supernumerary officers, if there be any, that all unnecessary expence may be saved to the public; and when the director general is in any particular district, the physician general and surgeon general in that district shall not appoint any officers without his consent:
That, on the settlement of hospital accounts, the officers entrusted with public money shall produce vouchers to
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prove the expenditure, and receipts from the proper officers of the hospitals, specifying the delivery of the stores and other articles purchased; and the apothecaries, mates, stewards, matrons, and other officers, receiving such stores and other articles, shall be accountable for the same, and shall produce vouchers for the delivery thereof from such officers, and according to such forms as the physicians general and surgeons general have directed, or shall, from time to time, direct; which forms and directions the physicians and surgeons general shall report to the Board of Treasury:
That the director general, or, in his absence from the district, the physician general, and surgeon general, shall appoint a ward master for each hospital, to receive the arms, accoutrements and cloathing of each soldier admitted therein, keeping entries of, and giving receipts for such articles, which, on the recovery of the soldier, shall be returned to him, or, in case of his death, the arms and accoutrements shall be delivered to the commissary or deputy commissary of military stores, and receipts be taken for the same; and the ward master shall receive and be accountable for the hospital cloathing; and perform such other services as the physician general or the surgeon general shall direct:
That the physicians general and surgeons general shall hereafter make no returns to the deputy directors general, but the returns shall be made by the said officers respectively to the director general, who shall carefully transmit copies of each with his monthly return to Congress, and suspend such of the officers aforesaid as neglect this or any other part of their duty, and shall report their names to Congress:
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That the director and deputy directors general forthwith prepare their accounts, and adjust them with the commissioners of claims, at the Board of Treasury.
That four dollars a day, and the former allowance of rations, be hereafter allowed to each assistant deputy director and the commissary of the hospitals in each district; and one dollar a day, and two rations, to each ward master:
Resolved, That Dr. Potts be called from the northern district, and appointed to act as deputy director general in the middle district.
Resolved, That the eldest assistant deputy director in the northern district shall execute the office of the deputy director general in the said district, until the further orders of Congress:
That the salaries of the hospital officers and debts contracted for the hospitals of the middle district to the time of Dr. Potts's entering upon the office of deputy director general therein, shall be adjusted and paid by the director general, who shall deliver all the public stores in his possession to the deputy director general or his order, taking duplicate receipts for the same, and transmitting one of each to the Board of Treasury; and the same rule shall be observed by Dr. Potts with respect to the salaries and debts of the hospitals of the northern district, and the public stores thereof, which are to be delivered to his successor in office in that district.
Congress proceeded to the election of a physician general in the middle district, in the room of Dr. Rush, resigned, and the ballots being taken,
Dr. William Brown was elected.
The committee to whom was referred the report of the committee appointed to consider the proposals contained in a letter to General Washington from the committee
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sent to camp, brought in a report; Whereupon, Congress came to the following resolutions:
Whereas, it has been found by experience, that the mode adopted by a resolution of Congress of the 29 April, 1777, for calling to account such officers as have been intrusted with public money, for recruiting continental batallions, has not had the desired effect; and it is essential to the liberties of the United States that due attention should be paid to the expenditure of their public monies, to enable them to support the war, and avoid that system of corruption and tyranny which prevails in the government of their unnatural enemies:
Resolved, That the resolution aforesaid, excepting that part thereof that empowers the commissioners of claims and accounts to administer oaths and affirmations, be repealed.
That a suitable number of auditors of accounts be appointed by Congress [for the armies of the United States:]1
[Note 1: 1 The words in brackets are in of writing of Henry Laurens.]
That it shall be the duty of each auditor to reside in the army to which he is appointed, and not to be absent without the leave of the commanding officer; to call to account the several Regimental Paymasters and recruiting officers thereof [all regimental officers] for public money, which they shall have received and have not accounted for; to receive, from time to time, the pay rolls and abstracts of the army from the pay master or deputy pay master general, who shall previously examine and certify thereon the sums that are due; to settle all other accounts of the army, excepting those in the departments of the quarter master, pay master, director, cloathier, or barrack master general, and of the commissaries general of provisions, prisoners and military stores; to certify the sums
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that may appear to be due on any accounts, and to present such accounts and abstracts to the commanding officer, who shall thereupon, unless he has good reason to the contrary, issue proper warrants on the pay master or deputy pay master general in discharge thereof:
That it be recommended to the legislatures of the respective states, forthwith to transmit to the Board of Treasury, duplicate accounts of all monies heretofore advanced by them for the United States, to regimental pay masters, or other officers of the army: that the Board of Treasury be directed to order a record to be kept of such accounts, charging the proper officers therewith; and that each State sustain the loss which may arise from the detention of its accounts aforesaid, after the first day of July next:
That the auditor general, commissioners of accounts, pay master and deputy pay masters general, and such other continental officers as may have monies charged in their offices to persons who are to account with the respective auditors, be directed to send, on or before the first day of May next, and afterwards quarterly, to the respective auditors of the army, duplicate accounts of such charges, and to furnish them with the necessary papers and information, when required, for executing their office: and the said auditors are severally directed to observe the same rule with respect to each other, and also once a quarter to transmit, to each of the officers aforesaid, duplicate lists of the regiments, whose accounts they are to audit, and to the Board of Treasury, a list of accounts received from the several officers aforesaid, together with the names of such of the said officers as shall have neglected to comply with this resolve,1 [in order that the Board may have the
[Note 1: 1 The original report here read: "Who shall be summoned to appear before the Board, and being convicted thereof, shall be accountable for the Losses arising from their neglect and be liable to Dismission from the Service."]
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proper informations, to the end that such speedy and effectual measures may be taken therein as may be just and necessary:]1
[Note 1: 1 These words are in the writing of William Ellery.]
That the auditors shall keep fair and regular books constantly posted, and shall charge therein all accounts referred to them for settlement by the preceding article, and all warrants drawn in favour of persons who are accountable to them for the same: they shall also keep a fair record of all accounts disallowed by them, and of such as are allowed, but not stated in the said books, in order to which, and that the pay rolls, abstracts and accounts settled by the auditors may be filed in their respective offices, no warrant whatever shall be paid by the pay master or deputy pay master general, until the respective auditor shall have certified thereon that it has passed his inspection, and that the accounts and vouchers thereto belonging are lodged in his office:
That each recruiting officer shall produce certificates from the muster master or deputy muster master general, specifying the number of non-commissioned officers and soldiers, and if officers of the light horse, the number of horses, arms and equipage belonging to their respective regiments, companies or troops, together with such vouchers as shall be necessary to prove the sums expended for these articles, the subsistance of the troops before their joining the army, the loss of money by death, desertions of non-commissioned officers or soldiers before muster, or other necessary expences, [agreeable to the resolves of Congress in such case provided:]2
[Note 2: 2 An amendment in writing of William Ellery.]
That if any officer shall not, within one month after application for that purpose, render his account to the proper auditor, or shall be guilty of withholding or embezzling
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the public money, such auditor shall make report thereof to the commanding officer of the army, who shall order a court martial on such officer,1 [in order that he may be dealt with according to the rules and articles of war in that case provided:]2
[Note 1: 1 The original report here read: "And the Fact being ascertained by their Judgment, shall immediately cause him to be cashiered, and a Copy of the Report delivered to the Auditor to be by him published and transmitted, with the proper papers to the Attorney General of the State to which the delinquent belongs; and the said Attorney General is hereby fully Authorized in behalf of the United States to take effectual Measures for compelling such delinquents to account in a Court of Justice."]
[Note 2: 2 Words in brackets were added by Henry Laurens.]
9. That the respective Auditors be authorized and directed to employ a discreet and capable person as an Agent, to go into the several States and call to Account such officer and other persons resident therein, as are accountable to them for public Money. And if any such officer or person shall refuse or neglect to adjust his accounts, or shall withhold or embezzle the public Money, such Agent shall forthwith deliver his account to the Attorney General of the State, to be proceeded with as aforesaid.3
[Note 3: 3 Against these paragraphs is written: "Postponed 6th."]
That each regimental pay master or other officer of the army shall, upon settlement of his account, refund all sums of money, which he has drawn for, but not paid to prisoners, deserters, and men who have died in the service; and the auditor shall keep an alphabetical record of the names of such prisoners, deserters and dead men, together with the sums received on account of each; and upon application of any prisoner or his agent, or the widow, administrator or executor of any such dead man, or of any officer in the same regiment, in whose debt such deceased person may have died, and whose account is properly attested, the said auditor is empowered to report to the commanding officer an allowance not exceeding the sums received on account of such prisoner or dead man; and the commissary and deputy commissary
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general of prisoners are directed to make out a list of the said officers and soldiers who are prisoners with the enemy, when required by the respective auditors:
That whenever it shall appear to any of the said auditors, upon the settlement of an account in their office, that a balance is due to the United States, or to prisoners, deserters, or on account of men who have died in the service, the sum being ascertained shall be paid by the person who owes it to the pay master or deputy pay master general, who shall give a receipt for the same on the said account, and two other receipts of the same tenor and date, to be lodged with the auditor; and upon the delivery thereof, such auditor shall discharge the said account, and recording the receipts, shall transmit one of them to the Board of Treasury, that the money may be charged to the officer receiving it:
That all public debts received by the Attorneys General agents, employed by the respective auditors, be collected by them, and deliveredPostponed 6thwith any other public money which they may receive, to the pay master or deputy pay master General; and that the said Auditors be directed once a quarter to transmit to the Board of Treasury, an account of such Debts and Money, with the Vouchers, to prove the delivery thereof.
That the auditors be empowered to administer oaths or affirmations to persons examined by them in the execution of their office:
That all officers of the United States be, and they are hereby required to give protection and countenance to the auditors1 aforesaid in the discharge of their duty:
[Note 1: 1 The words "and their agents" were here interlined, and afterwards struck out.]
That the quarter master general and his deputies be respectively directed to provide the auditors in each army with a convenient house near head quarters, and that no other officers be quartered therein:
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That, for the preservation of the public papers, the quarter master general or his deputies shall provide for the auditors in each army a good covered waggon, with horses under their direction, and the said auditors shall also be provided with suitable guards for the same purpose:
That each auditor be allowed five four dollars and three rations a day, during the continuance of his office, and forage for his horse:
That Matthew Clarkson and Major John Clark Esqrs. be appointed auditors for the army under the command of General Washington; and that they be authorized to appoint two clerks, and allow them 50 dollars a month and two rations a day.
That each Auditor shall take an Oath of Office and the Oath prescribed for Officers of the Army by a Resolution of Congress of theDay ofprevious to their entering on their office, Certificates of which to be sent to the Treasury Office.
That in adjusting the accounts of Persons that on the Retreat of the Army have lost their Vouchers, it be a private Instruction to the Auditor to obtain the best information from the General Officers or other persons in the Army or department, relative to such accounts and use a Discretionary Power in administering Oaths or affirmations as aforesaid.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 19, VI, folio 225. On folio 221 are amendments in the writing of James Smith, and on folio 223 are the same amendments, in the writing of Smith, with others, in the writing of Thomas McKean.]
Resolved, That the remainder of the report be postponed.
Adjourned to 10 o'Clock to Morrow.
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