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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 13, 1778
A letter from Jonathan Hudson, at Baltimore, was read:
Ordered, That it be referred to the Board of Treasury.
The committee to whom the letter of W. Aylett, deputy commissary general of purchases in Virginia, was referred brought in a report, which was taken into consideration; Whereupon, Congress came into the following resolution:
Whereas, there is great danger of the armies of the United States being very much distressed, if the exportation of beef and pork from the State of North Carolina be not immediately prohibited; Therefore,
Resolved, That the legislative and executive powers of the State of North Carolina be earnestly requested immediately to lay an embargo on all beef and pork, except so much as may be necessary for the vessel's use for the voyage, and to take the most effectual measures to prevent the embargo from being evaded.1
[Note 1: 1 This report, in the writing of John Penn, is in the Papers of the Continental Congress, No. 19, I, folio 185. On the back of the report Thomson has noted the vote for a committee and a resolution, neither of which can be located in the Journals. The vote must have been taken after April 15, when Carroll attended.
"Ellery 1, Scudder 1, Carroll 7, Adams 2, Huntington 1, Morris 3, Sherman 1, Dana 1, Duer 3, J. B. Smith 5, and F. L. Lee 1."
The resolution is as follows:
"Resolved, That where officers are promoted to rank for any particular service, or in any particular place, without being annexed to particular corps, they shall not, in virtue of such appointment or rank, have any claim to similar rank in the army of the United States, except on the service, or in the place specified; and if called to join the army, they shall only have rank according to the commission or command assigned them when called to the Main Army."]
A letter, of this day, from the Board of War, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 147, I, folio 517.]
Ordered, That the same be referred to a committee of three:
The members chosen, Mr. [James] Forbes, Mr. [Abraham] Clark, and Mr. F[rancis] L[ightfoot] Lee.
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The Committee on the Treasury brought in a report, which was taken into consideration: Whereupon,
Resolved, That the 10,000 dollars ordered to be advanced to the Board ∥of War and Ordnance,∥ for contingent expenses, on the 26 January last, be paid to Joseph Nourse, Esqr. pay master of the Board of War and Ordnance, for the contingent expenses of the Board; the said J. Nourse to be accountable.1
[Note 1: 1 This resolve, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 136, II, folio 75.]
The committee appointed to examine into the circumstances of the French officers who have been detained under a promise of having their expenses borne, brought in a report, which was taken into consideration; Whereupon,
Resolved, That 910 dollars be paid to Mons. de la Balme, in full of all claims and demands against the United States, and that the Committee on Foreign Applications inform Mons. de la Balme that Congress have no farther occasion for his services:
The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,
Ordered, That 100 dollars be advanced to Mr. Charles Cist, to defray his expenses to Baltimore, and to a paper mill on Gunpowder river, on the public account; he to be accountable.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, II, folio 69.]
In consequence of an adjustment by the commissioners of claims, the auditor general reports,
That there is due to Dr. John Witherspoon, for hay for the army, and wood for the hospital at Princeton, as appears by the certificate of Enos Kelsey, acting in the quarter master's department, the sum of 429 30/90 dollars:
That there is due to Belcher P. Smith, for his services as clerk in the secretary's office, from 6 November to 5
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February, inclusive, being three months, and for some necessaries purchased for the office, the sum of 197 60/90 dollars:
That there is due to John Dunlap, for printing sundry resolves of Congress from 31 October, 1776, to 10 September, 1777, a balance of 1,174 69/90 dollars:
That there is due to the Rev. Mr. Lotbinier, as chaplain in Colonel Livingston's Canadian regiment, from 11 January to 10 February, 1778, inclusive, for his pay, exclusive of rations, 40 dollars:
That there is due to the estate of John Hart, deceased, for 71 meals, victuals supplied the York county militia, which ought to be paid to his legal representatives, 7 9/90 dollars:
That there is due to Andrew Nabinger, of the town of York, for victualling General Lee's guard in 1776, the sum of 44 59/90 dollars:1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 73.]
Ordered, That the said accounts be paid.
Ordered, That the letter of 29 January from Mr. Aylett be referred to the Committee of Commerce and to the Marine Committee.
Three o'Clock, p. m
Resolved, That Mr. Nathaniel Scudder be added to the Medical Committee.
The Committee on the Treasury brought in a report, which was taken into consideration; Whereupon,
Ordered, That a warrant issue on the treasurer for 25,000 dollars, in favour of the pay master of the Board of War and Ordnance, to be transmitted by him to Benjamin Harrison, Esqr. deputy pay master general in the southern department; for which the said B. Harrison is to be accountable.
Ordered, That a warrant issue on the treasurer for 1,000
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dollars, in favour of Mr. William Govett, for the purpose of paying expresses and incidental expenses at the treasury office; for which he is to be accountable.
Resolved, That the treasurer be directed to pay to Mr. Joseph Nourse, pay master to the Board of War and Ordnance, the warrant for 350,000 dollars, dated the 14 January last, and drawn by the president of Congress, in favour of the Board of War; one hundred thousand of which to be transmitted to Ebenezer Hancock, Esqr. deputy pay master general in the eastern department, and two hundred and fifty thousand to his assistant in the State of Rhode Island; also another warrant, dated the second instant, and drawn in favour of the said Board, for one hundred thousand dollars, which are to be by him transmitted to the said Ebenezer Hancock, who is to be accountable for both sums.
And that a Warrant of the third of February for 200,000 Dollars in favour of the Board of War for the purpose of forming a Postponed Magazine of Thirty Thousand Barrels of Flour purchasing Provisions for the use of the Grand Army be also paid for this purpose to the said Joseph Nourse, who is to be accountable for the same.1
[Note 1: 1 Passed February 18, post.]
Resolved, that there is due to Charles Thomson, Esq. for his services in the office of Secretary to Congress, from the 10th of May, 1776, to the tenth of the present Month, it being one Year and nine Months, at 1,200 Dollars per Year, 2,100 Dollars, and that two thousand Dollars per year be hereafter allowed to the Secretary of Congress.
Resolved, That a warrant issue in favour of Charles Thomson, Esqr. for 3,500 dollars in consideration of his faithful services, from the 10 of May, 1776, to the 10 February 1778, as secretary to the United States.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, II, folio 77. The last was an amendment, in the writing of Francis Lightfoot Lee.]
The committee on the state of Georgia brought in a report which was read:
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The Committee appointed to take into Consideration the Situation of the State of Georgia, beg leave to Report as follows, viz:
Whereas the State of Georgia has laboured under many and great difficulties in throwing off the Yoke of British Tyranny and acceding to the Continental Union, and being but a weak State, and almost surrounded by Enemies, it will be necessary for their Protection and Assistance to maintain on the Continental Establishment, at least two thousand Men. And whereas there are now in the State of Georgia four Battalions of Infantry, one of Horse, three Companies of Artillery, and six Row Gallies, which will be a considerable Expence in Officers, while there are but few Privates under their Command, and as there is great Need of retrenching all superfluous Charges;1
[Note 1: 1 In the margin is written "Agreed to allow 2,000 R[ank] and F[ile] for protection of Georgia." The writing is that of Henry Laurens.]
Resolved, That there shall be from this time only two Battalions of Infantry to be composed out of the four old Battalions, the first, new Battalion to be under the Command of Colonel -- Lieutenant Colonel -- and Major -- the Captains, Lieutenants, Ensigns, Surgeons, and other Officers to be chosen by a Majority of the Field Officers above mentioned, out of the first and second old Battalions. The second new Battalion to be commanded by Colonel -- Lieut Colonel -- and Major --, the Captains, Ensigns, Surgeons, and other Officers to be chosen by a majority of the above field Officers, out of the third and fourth old Battalions: the Privates of the three artillery Companies to be incorporated into two: the first under Captain Thomas Lee and his officers to remain in and about Savannah; and the other under Captain Thomas Morris and his officers in and about Sunbury. The Battalion of Horse to be reduced to four Independant Companies, of fifty Privates each, under the Command of Capt: --.2
[Note 2: 2 On folio 433 is the draft of a motion or amendment, in the writing of Abraham, Clark, which may have given rise to this paragraph. The motion is as follows:
"Resolved, That the Forces at present stationed in Georgia be reduced to two battalions of Infantry under the present Establishment; and 2 Unregimented Companies of Artillery; and 4 Unregimented Companies of Horse. The officers of the said battalions and companies to be selected by the Legislative Authority of that State, out of the Officers at present on that Station, as nearly agreeable to the Rank they now hold as the public Service in their opinion will admit, dismissing from the Continental Service all such officers as may not be retained and employed in manner above said."]
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There shall be two Row Gallies, with the usual Officers and fifty Privates each, together with one large or two small armed Sea Vessels, to cruize constantly on the coast and protect the Trade. These Vessels to be instead of the Gallies already built there, which shall be sold. and the Money appropriated for the use of the Sea Vessels aforesaid.
Resolved, That the sum of eight hundred thousand Dollars be allowed for the Support of the abovementioned Establishment, and if at any time the Number of Troops as aforesaid is not or cannot be procured in Georgia, and there should be any Attacks made on the said State, either by the British Troops, or the Indians, and the Legislative or Executive Authority shall find it necessary to call out the Militia, that the pay and subsistence of the said Milita shall be added to the pay and Subsistence of such continental Troops, as shall be raised as far as to the Amount of the above mentioned 800,000 Dollars. And if from the Necessity of the Circumstance, it shall amount to more, the said State shall make Application to Congress for the Overplus Money.
Resolved, That for the pay and subsistence of the above said Troops, the Money to be raised by Tax, as recommended by Congress, shall be in part, as also what Money shall arise upon the Sale of the United States Lottery Tickets, and also the Monies put into the Loan Office of the said State. And the State is hereby impowered to apply the Money of these Funds for the Purposes aforesaid, the Ballance if any to be remitted to the Treasury of Georgia every six months, or the State to draw Bills for the same on the Continental Treasury at their Option.
The State of Georgia having appropriated 100,000 Dollars for a fund and appointed Commissioners to import and purchase Arms, Artillery, Ammunition, Cloathing, &c. for what Troops May be stationed in the said States.
Resolved, That all Supplies of Cloathing, Arms, Ammunition, &c., wanting for the Continental Troops be imported and purchased as aforesaid, under the Care and Direction of the Legislative and Executive Authority, and that the same be delivered to the Order of the Commanding Officer residing in the said State.
Resolved, That the Pay, Subsistence and contingent Expences for the Troops shall be drawn for on the Regimental Pay Master as usual, by the Commanding Officer, who shall be accountable, if there be any wrong Charges.
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Resolved, That all Provisions for the Troops in Georgia, shall be supplied by Contract, or in such other way as shall appear to the Government of the said State, to be the surest Supply and the least prejudicial to the said State and the United States.
Whereas it appears that the State of Georgia, has advanced a very considerable Sum for the Continent in support of the Continental Troops there, for almost two years past, which has obliged them to make large Emissions of paper Currency, as well as to borrow near one hundred thousand Pounds Sterling for the same Purpose for which they have pledged the Faith of the State, that those Debts shall be redeemed with Continental Currency.
Resolved, That out of the money formerly granted to Georgia, That the Sum of 500,000 Dollars be immediately remitted to the said State, to enable them to take up the Bills of Credit, and Treasury Certificates, issued for the Purposes aforesaid, and that the further Sum of 300,000 Dollars be remitted to the said State on or before the first Day of May next, for the Purposes aforesaid, or the State to draw for the same, as shall be most for their Convenience.
Whereas, It appears by a Report from the Auditors appointed to settle the Accounts presented by the State of Georgia, that large Sums of Money have been supplied by that State, on Account of the Continent, the Expenditure of which is not in any satisfactory Manner accounted for by the several Persons, that have been entrusted therewith, and who are mostly continental Officers.
Resolved, That all Officers that now hold or have hold a Continental Commission, and have received or shall hereafter receive any money on the public Account in the said State, and have not, or can not account satisfactorily for the same, shall be liable to Military Arrest from the Commanding Officer in Georgia, altho' in any other State: and shall be subject to be removed from either of the States, with the Consent of the Executive Authority of the same, into Georgia, in order to be tried by a Court Martial, according to such Resolves of Congress that now are, or shall be hereafter made for compelling delinquents to account for the public Money, notwith standing the said Officer may desire to resign, or has offered the resignation of his Commission, and that no Resignation shall be accepted of, until all public Accounts are settled and paid. And the Commanding Officer is hereby required to use his best Endeavours to assist the said State in compelling all Continental Officers to account for the money entrusted to their Care.1
[Note 1: 1 At the end of this paragraph is written, "already done in General Resolves."]
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Resolved, That whenever the Legislative or Executive Authority of the State of Georgia shall recommend a particular Place or Post to be garrisoned or guarded, or the Removal of any Part of the Troops from any post or place, it shall be the duty of the Commanding Officer to comply therewith immediately, and when any Officer shall so far misbehave, as to induce the Legislative or Executive Authority to think he deserves to be removed from his Command they shall have power to suspend him, until the Sense of Congress shall be known, and for this purpose, they shall send the Suspension with the reasons thereof to Congress as soon as may be.
Resolved, That Major General Howe and three of the eldest field Officers in South Carolina shall immediately repair to Georgia and consult with the Commanding officer there and the field Officers of the said State, on a Plan for reducing the Province of East Florida, and when the said Plan shall be agreed on it shall be at the Option of General Howe either to carry it on in person, or to commit the Execution thereof to Colonel Samuel Elbert, and that General Howe shall order ... of the Continental Troops in South Carolina, to be employed in conjunction with the Troops now in Georgia to carry on the said Expedition, and that General Howe be empowered and required to send on the said Expedition, such Continental Artillery, Arms, Stores, &c, either in South Carolina or Georgia, that may be found necessary. And further that General Howe, or the Officer Commanding on the said Expedition, be empowered to borrow of the states of South Carolina and Georgia, all such Artillery, Arms or any other Military Stores necessary for the forwarding this Expedition, and that the Continent will make good the loss or damage.
And that an experienced Engineer be sent on the said Expedition either from the Army or Elsewhere.
Resolved, That it be recommended to the States of Virginia and North Carolina, to permit the State of Georgia to recruit the Compliment of men heretofore granted by the said State, being two Battallions, and that the states of Virginia, North and South Carolina, be requested to give all possible assistance to the State of Georgia, in apprehending deserters from the Continental Troops stationed there, and to cause them when apprehended to be conveyed to Georgia.
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Whereas at the first of the Dispute with England, the Planters and Lumber Makers in the State of Georgia had large Quantities of Rice and Lumber by them, the greater part of which has perished for want of Exportation; And also now the Planters have a large share of two Crops of Rice on hand which must soon be good for little, and the Lumber Makers are entirely without any Sale or demand for their Labour, as there is little or no Exportation, but by Strangers who are mostly French, and seldom take any thing but Indigo. The mercantile part of the State being in general inimical to Independence, many of them have left the State of themselves, others have been sent away, and the few remaining have declined all Trade. And whereas the Continent is in want of remittances to France, and the Islands, and it being well known that nothing makes a surer remittance, than Rice, Deer Skins and Lumber, and also that the Ports of Georgia are less disturbed by the Enemy than most other Ports in America, The Delegates of Georgia hope that some mode may be adopted, in the Continental Commerce to take off the Produce of that State, whereby the distresses of the Inhabitants may be much lessened, and they be enabled, as readily as they are willing, to pay the Taxes necessary for the support of Government.
Resolved, Therefore that the Continental Agents, in France, be ordered immediately to purchase a Number of Prizes sent in there, especially Vessels from one hundred and fifty to three hundred Tons Burthen, and send them to Georgia with Cargoes, suitable for the Inhabitants, or Soldiery, consigned to one or more Agents to be chosen by the State, who shall give security for their Conduct which Agents Shall load the said Vessels back to France, &c, or the Islands, as they shall be ordered by your Agents in France. And also if the State can procure Vessels themselves and will load them with Rice, Indigo, and Deer Skins to France, and consign them to the continental Agents, or to the West Indies, with Rice, Corn or Lumber, consigned to the Continental Agents there, that on the Vessels sailing so loaded, and a Bill of Lading from the Captain, and an Invoice of the Cargoes being sent to the Commercial Committee, the said State Shall be entitled to draw on the said Committee for the amount of the Cargo and necessary Charges. A Duplicate of the Bill or Bills for the said Amount coming with the Invoice and Bill of Lading, on the receipt of which the said Committee shall be empowered to pay the said Bill, and the Cargo as aforesaid
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shall be deemed Continental, and be at the Risque of the Continent from the time of Shipping.
Resolved, That when Prizes are taken by any Continental Vessel in the West Indies that some of them be ordered into Georgia for sale and the proceeds to be shipped in the produce of the Country to such ports as may be ordered.
The Commercial and Marine Committee having lodged a sum of Money in Georgia for the purpose of Importing Arms Ammunition, Cloathing &c, for the use of the Troops: And whereas the State has likewise established a fund for that purpose, and appointed Commissioners to carry on the same, and the State has ordered their Delegates to apply to Congress, that whatever Money, goods &c may be in Georgia belonging to the Continent be put under the Management of the State in order that justice may be done in the Transacting thereof, and no interference happen between the State and the Continent.
Resolved, That all money's goods, wares, and Merchandize, belonging to the Continent and sent to Georgia by the Marine or Commercial Committee, be delivered over to the order of that State, the said State to be accountable, and that the Marine and Commercial Committee be desired to give Orders accordingly.1
[Note 1: 1 These reports, numbered 1 to 4, in a writing not identified, are in the Papers of the Continental Congress, No. 20, II, folios 429--438. They apparently formed one report.]
Ordered, That the consideration thereof be postponed till to morrow.
Adjourned to 10 o'Clock to Morrow.
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