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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 26, 1778
Resolved, That it be an instruction to the captains or commanders of privateers, to annoy the enemy by all the means in their power, by land or water, taking care not to infringe or violate the laws of nations, or the laws of neutrality.
A letter of the 11th, from Lieutenant General Burgoyne, directed to the honorable Henry Laurens, president of the Congress, with three papers enclosed, were read:
Ordered, That they be referred to a committee of five:
The members chosen, Mr. [James] Lovell, Mr. [Thomas] M'Kean, Mr. [James] Smith, Mr. [Francis Lightfoot] Lee, and Mr. [Elbridge] Gerry.
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General Gates sent to Congress sundry letters, among which was one of the 9, from Major General Philips, which were read:
Ordered, That the last be referred to the foregoing committee.
The Board of War sent to Congress sundry letters from the northern department, which were read,
Ordered, That they be referred to a committee of three: ∥the members chosen,∥ Mr. [Oliver] Wolcott. Mr. [Abraham] Clark, and Mr. [Francis] Lewis.
A letter, of the 25, from the Board of War, was read:
Ordered, That it be referred to the Board of Treasury.
Congress took into consideration the report of the committee to whom were referred the letter of the 8th, from General Washington, and the letters which passed between him and General Howe, relative to the exchange of prisoners; Whereupon Congress came to the following resolutions:
Whereas, it appears to Congress, by the copy of a letter from General Washington to General Howe, of the 10 of this month, that he has consented to the propositions of General Howe, to the following effect: "that an exchange of all prisoners now in our possession, officer for officer, soldier for soldier, and citizen for citizen, so far as number and rank will apply, be carried into execution as expeditiously as the nature of the case will admit, and without regard to any controverted point, which might prove an impediment to so desirable an end:"
And, whereas, by a resolution of Congress of the 19 December last, a release of prisoners in the power of these states cannot take place before the account of all provisions, and other necessaries, which have been supplied by the public to such prisoners, are liquidated and discharged:
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And, whereas, it is the wish of Congress to accomplish the desirable purpose of exchanging the prisoners without unnecessary delay:
Resolved, That an express be sent to the several legislatures, or supreme executive authorities of the respective states, for such accounts of money, provisions, and other necessaries, which they have supplied to prisoners taken by the United States since the commencement of the war, as have not been already transmitted to Congress; that they be requested to make up the said accounts to the first day of March next, and transmit them as speedily as possible to the commissioners of claims at the Board of Treasury; that the accounts of each State from New Hampshire to Virginia, inclusively, be sent to the said commissioners on or before the 15 day of April next, and of the other states, on or before the first day of June next, and that the respective states sustain the losses which may arise from detaining such accounts longer than the time herein allowed them for rendering the same.
Resolved, That all officers in the departments of the quarter master, pay master, and cloathier general, and commissaries of provisions and prisoners, the commissioners of accounts, and other officers, who may have accounts or charges of money, provisions, or other necessaries in their respective offices, for supplies furnished the said prisoners, be directed to send such accounts to the commissioners of claims at the Board of Treasury, on or before the 15 day of April next, and that they respectively sustain the losses that may arise from a neglect hereof:
That the commissioners of claims be directed to prepare the said accounts for adjustment without delay, and that no exchange of prisoners be made until the balance due thereon to the United States is discharged.
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Three o'Clock, p. m
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the treasurer in favour of the Committee of Commerce for twenty thousand dollars, advanced upon their application, for the purpose of loading with rice the ship Flamand, ordered to South Carolina; the said Committee to be accountable.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 105.]
A petition from Archibald Steel, deputy quarter master general for the troops at Fort Pitt, was read:
Ordered, That it be referred to the Committee of Commerce.2
[Note 2: 2 In the Papers of the Continental Congress, No. 147, I, folio 543, is a report of the Board of War, as follows:
"Resolved, That his Excellency the Commander in Chief be informed, that the intention of Congress by their order of 20 February last, referring the proceedings of the Court martial on Colonel Steel, to him, was that he should finally determine thereon, or direct such farther proceedings as he should think necessary." The members present were [Jesse] Root, Pickering and Peters. It is without date.]
Congress resumed the consideration of the report of the committee on the letters and papers from the Committee of Congress at camp, and thereupon came to the following resolutions:
Whereas, the well being and safety of these states require that a powerful army be early brought into the field, effectually to oppose and defeat the public enemies thereof:3 and whereas by the actual invasion of some of the said states, and the local circumstances of others, it would be inexpedient and unreasonable to draw forth from all of them their full proportion of the continental batallions, according to the establishment heretofore settled and apportioned in Congress:
[Note 3: 3 The original report added: "and as experience hath fully proved the impracticability of recruiting an army in due season by voluntary enlistments, and it has therefore become indispensably necessary to accomplish the same by drafts from the militia of the several States;"]
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Resolved, That the several states hereafter named be required forthwith to fill up by drafts from their militia, [or in any other way that shall be effectual,]1 their respective batallions of continental troops, according to the following arrangement, viz.
[Note 1: 1 Added by Henry Laurens.]
8[Note 2: 2 Inserted by Charles Thomson.]
That all persons drafted, shall serve in the continental batallions of their respective states for the space of nine months, from the time they shall respectively appear at the several places of rendezvous hereafter mentioned, unless sooner discharged:
That it be recommended to the several states to appoint officers to superintend the making and forwarding the said drafts, and to direct such superintendents to procure complete lists of the men drafted, with a description of their persons, their age, stature, the places of their abode, and the regiment and company from which they shall have been drafted, and to forward the same to the commissioners hereafter mentioned, who shall transmit an exact copy thereof to the Commander in Chief.
And to the end, the commissioners may be enabled the better to execute their business, and the men drafted as aforesaid, may be sent to the said places of rendezvous with the greater safety and expedition:
Resolved, That it be recommended to the several states to require their several militia officers, by whom any men
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shall have been drafted, to deliver to the said superintendents such descriptive lists of the men by them respectively drafted for the purpose aforesaid; and further, to direct the said superintendents to make similar lists of the men by them, from time to time, sent to the said places of rendezvous, and take receipts for such men upon the said lists from such officers as they shall appoint to conduct them as aforesaid, and forward copies of such lists and receipts to the said commissioners:
That it be recommended to each of the said states to appoint one or more commissioners, to reside at the said places of rendezvous, for the purpose of receiving the drafts of their respective states, and delivering them over to the continental officers, who may be appointed by the Commander in Chief, there to receive them; and further, to direct their respective commissioners to give receipts for such drafted men as shall be delivered to them, and make out such descriptive lists, as aforesaid, of the men by them, from time to time, delivered over to such continental officers, and take receipts thereon from them, and transmit copies of such lists and receipts to the Commander in Chief:
That it be recommended to the several states to make provision for their drafted men upon their march to the said places of rendezvous, and that the states be allowed, for such subsistence, one twenty-fourth part of a dollar per mile for each man actually marching to the said places of rendezvous, and no more.
Resolved, That all the drafts from the New England states shall rendezvous at Fish Kill, on Hudson's river; those of New York, at Easton, in the State of Pensylvania; those of New Jersey, Pensylvania, Delaware, and Maryland, at camp; those of Virginia, at Alexandria and
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Sheppard's town, in the same State; and those of North Carolina, at Pittsylvania court house and Petersburgh, in Virginia; unless otherwise directed by the Commander in Chief.
Resolved, That every person drafted as aforesaid, who shall supply himself with a good firelock and bayonet, a cartouch box, haversack, or blanket, and shall, at the expiration of the term of his service, produce, to the proper pay master, a certificate from his captain, or other commanding officer of his company, that he hath been constantly provided therewith, shall receive, for the use of his firelock, bayonet, and cartouch box, two dollars, and for the use of his blanket, four dollars, and in a like proportion for any or either of them. And in case any of the said articles shall be lost or rendered useless in the service, without the negligence or fault of the proprietor, he shall be paid the value thereof.
Resolved, That it be earnestly recommended to the several States to forbear giving any public bounty whatever to the men Agreed to be expunged. who shall be drafted from the respective militia in pursuance of the foregoing resolutions.
Resolved, That on the First Day of October next, an exact return shall be made to Congress of the deficiencies of men in the Continental army, to the end, that such deficiencies may be supplied (by an equitable draft from the militia of the several States) according to the proportions heretofore established in Congress, and such other circumstances as may arise in the course of the campaign.
Resolved, That all persons, in whatever way procured, for supplying the deficiencies in the continental batallions, unless inlisted for three years, or during the war, be considered as drafts; and that it be recommended to the several states to exert themselves to procure recruits for their respective continental batallions by inlistments for three years, or during the war, and that the drafts from
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the respective states be discharged in proportion as such recruits from the said states shall join the army.
And, whereas, experience hath proved that no confidence can be placed in prisoners of war or deserters from the enemy, who inlist into the continental army; but many losses and great mischiefs have frequently happened by them; therefore,
Resolved, That no prisoners of war or deserters from the enemy be inlisted, drafted, or returned to serve in the continental army.1
[Note 1: 1 The original report added "any Convicts except such as have served out their times in the Continental Army, or such as have families or considerable property in any of the States." This report, in the writing of Francis Dana, is in the Papers of the Continental Congress, No. 33, folio 113.]
Ordered, That the Board of War instruct and direct the commissary general of prisoners to appoint proper persons to examine all officers and any of the privates of the United States, that shall be hereafter exchanged, and take such of their depositions as may be necessary to ascertain the treatment our prisoners in the hands of the enemy have received during their captivity, and report the same to Congress.
A letter, of the 8, from General Schuyler at Albany, one, of the 20th, from the committee of Congress at camp, were read:2
[Note 2: 2 The letter of Schuyler is in the Papers of the Continental Congress, No. 153, III, folio 276; that of the committee to camp is in No. 33, folio 171.]
Ordered, That they be referred to the Board of War.
Adjourned to 10 o'Clock to Morrow.
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