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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, JANUARY 1, 1778


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Journals of the Continental Congress, 1774-1789
THURSDAY, JANUARY 1, 1778

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A memorial from the Chevalier de Villefranche was read, setting forth, that though he received a gratification and money for his return to France, yet, upon reconsideration, he would rather stay in this country, if he could be employed in the corps of engineers, under Brigadier Du Portail, in which case he would return the money and bill of exchange granted him; Whereupon,

Resolved, That the Chevalier de Villefranche be appointed a major of the corps of engineers, under the command of Brigadier General Du Portail.

An extract of a letter from Major General de Kalb, and a memorial from Lewis Casimir, Baron de Holtzendorff, were read:1

[Note 1: 1 The memorial of Holtzendorff is in the Papers of the Continental Congress, No. 41, IV, folio 27.]

Ordered, That the same be referred to the Board of War.

The Marine Committee, to whom the letter of the Hon. Thomas Cushing, Esq. of the 6th of December last, with the inclosed bill of exchange, were referred, report, That, in their opinion, the said bill ought to be paid by a warrant


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on the treasury in favour of the persons in whose behalf the said bill was drawn:

Resolved, That Congress concur with the committee.

Ordered, That the said report, with the bill and letter, be referred to the Board of Treasury.

Resolved, That General Washington be directed to order the commanding officers of the continental regiments, now in camp, to make exact returns of the soldiers in their respective regiments to the pay masters thereof, to prevent any imposition in the payment of the one month's pay extraordinary, which Congress, in their resolve of the 30th of December last, have ordered to be given to the brave officers and soldiers of the continental army, on account of their soldierly patience, fidelity, and zeal, in hurting, &c. as expressed in the said resolve.

A memorial to Congress and the supreme executive council of Pensylvania, from Israel Pemberton and others; also, a letter from Owen Jones, Jun. to James Duane, Esq. were read:1

[Note 1: 1 This memorial, dated Winchester, December 19, 1777, is in the Papers of the Continental Congress, No. 41, VIII, folio 42.]

After some debate,

Resolved, That the consideration thereof be postponed.

Adjourned to 3 o'Clock P. M.

Three o'Clock

The Committee on the Treasury brought in a report; whereupon, Congress came to the following resolution:

Whereas Dennis John du Bouchet, who, for his merit and spirited conduct in the late northern army, upon the special recommendation of Major General Gates, commander in chief of the northern department, was created a major in the service of the United States of America,


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hath since signified to Congress his desire of returning to France, as his state of health will not permit him engage in actual service; therefore,

Resolved, That he be permitted to quit the service, and to return to France whenever he may have an opportunity; and, in consideration of his merit, that the sum of one hundred dollars be presented to him to defray his expences to the port of embarkation, and a bill of exchange for 900 livres tournois, on the commissioners of the United States at the court of France, to defray the expences of his passage and travelling charges to Paris, and in full of all demands for his services and pay.1

[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, I, folio 529.]

Colonel Samuel Washington having, on account of his ill state of health, declined the office of commissioner to the westward, Congress proceeded to the election of another in his stead; and, the ballots being taken, John Walker, Esqr. was elected.

A letter, of the 8, and one, of the 13 December, from Dr. B. Rush to Mr. [William] Duer, were laid before Congress, and read:2

[Note 2: 2 These letters are in the Papers of the Continental Congress, No. 78, XIX, folios 173 and 181.]

Ordered, That the said letters, and also the letter of the 25 December, from Governor Livingston, be referred to a committee of five: the members chosen, Mr. [John] Witherspoon, Mr. [John] Harvie, Mr. [Francis] Lewis, Mr. [Francis] Dana, and Mr. [Cornelius] Harnett.

Resolved, That the said committee be fully authorized to take every measure, which they shall deem necessary, for the immediate relief of the sick, and report such alterations in the medical department, as they shall deem best adapted to answer the end of its institution.

The delegates from Massachusetts Bay laid before Congress


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the credentials of their appointment, which were read as follows:

State of Massachusetts-Bay:

Council Chamber, Boston, December 4, 1777.

The General Assembly having, this day, come to the Choice of Seven Gentlemen to represent this State in the Honorable Continental Congress, by joint Ballot of both Houses, to serve for the ensuing Year, it appeared, after counting and sorting the Votes, the following Gentlemen were chosen, viz. Hon. John Hancock, Samuel Adams, John Adams, Robert T. Paine, Elbridge Gerry, Francis Dana, and James Lovell, Esqrs.

Attest,John Avery, Deputy Secretary.1

[Note 1: 1 The original is in the Papers of the Continental Congress, Massachusetts, Credentials of Delegates.]

A letter, of the 26 December, from General Washington, was read.

A letter, of the 26 December, from Thomas Wharton, Junr. Esqr., president of the council of Pensylvania, to the delegates of that State in Congress, was read:2

[Note 2: 2 The draft of the Washington letter is in the Washington Papers, A, III, folio 161; the letter of Wharton is in the Papers of the Continental Congress, No. 69, I, folio 453.]

Ordered, That it be referred to the Board of War, and the members added thereto, for a particular purpose, on the 29 December last.

∥The several matters to this day referred, being postponed,∥

Adjourned to 10 o'Clock to Morrow.

The Committee on the Cloathing Department beg Leave further to report:

Whereas by a Resolution of Congress of the 26th Novr, 1777, Officers and Soldiers in the Batallions of the Army of the United States were enabled to draw Cloathing from the continental and State Stores at prices bearing a just proportion to their pay, and neither the Quantities of Cloathing to be so drawn, nor prices thereof, have been ascertained,


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Resolved, That every regimental commissioned officer in the Army of the United States shall during the War be entitled to draw annually the following Articles of Cloathing, paying for the same on Delivery at the Rate of two thirds of a Dollar for one Shilling sterling Cost thereof, in Europe, estimating American Manufactures at the prime Cost of European Articles of the same Species and Qualities.

That each non commissioned officer and private be allowed to draw the following Articles of extra Cloathing, paying for the same at the Rate aforesaid,

That each State supply by it's Agent, the Cloathing so allowed, to Officers and Soldiers raised or to be raised by such State, as its quota: charging the United States for the Articles, so supplyed, at such an advance on the sterling Cost as Congress shall hereafter allow to the States in general, and crediting the Amount of what the Officers and Soldiers are to pay for such Cloathing. And it is recommended to each State to require its Agent to take Certificates from the Officers and Soldiers who may receive such Cloathing, specifying the particular quantities so received, and the Amount thereof, which Certificates shall be produced by the State as Vouchers on Settlement.

That each commissioned Officer in the Army of the United States, declaring on Oath to the paymaster or any Deputy paymaster General, who are respectively authorized to administer the same, "that he has served in the Army during the last Campaign, and not been supplied by any continental or state Agent, or Officer, with the whole (or any Part) of the Articles which he is allowed to draw, agreeable to the preceeding Resolves", shall on presenting an account receive from


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such paymaster or Deputy paymaster General for the Articles so appearing not to have been supplied, as follows:

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That the paymaster and Deputy paymaster General previous to their administering such Oath, shall respectively take an Oath to be administered by the Commander in chief or commanding Officer of the Department "faithfully to discharge the Trust reposed in him by the foregoing Resolve", and shall take a Certificate thereof from the Officer administering the Oath.1

[Note 1: 1 This report, without date, and in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 31, folio 17. The committee on the clothing department was appointed November 25, 1777, but does not appear to have made a report. A second committee was named on Otis's letters, to which Gerry was added, December 17, 1777. Its report is printed in the volume for 1777, IX, p. 1042. There is nothing to indicate when the first committee presented its reports.]

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