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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, MARCH 13, 1778
A letter, from Colonel [William] Russel, of the 13 Virginia regiment, was read:
Ordered, That it be referred to the Board of War.
A petition from the inhabitants of Westmoreland, was read:1
[Note 1: 1 The letter of Russel is in the Papers of the Continental Congress, No. 78, XIX, folio 227; the Westmoreland petition, dated March 12, is in No. 42, VIII, folio 171.]
Ordered, That it be referred to the Board of War.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the treasurer for 25,000 dollars, to be paid to Peter Ozeas, for the use of the barrack master general, and for which the said barrack master general is to account:
That a warrant issue on Thomas Smith, Esqr. commissioner of the loan office, in the State of Pensylvania, in favour of William Buchanan, Esq. commissary general of purchases, for 200,000 dollars; and for which the said commissary general is to be accountable.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, II, folio 155.]
The committee to whom was referred the trial and condemnation of Thomas Doyle, a soldier of Colonel S. B. Webb's batallion, for deserting to the enemy, in whose service he was made a prisoner; and the letter from Brigadier General Samuel H. Parsons, desiring to be informed
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whether deserters from the enemy are permitted to inlist into the service of these United States, and whether, in case such are inlisted, a deserter of that character can be legally condemned and executed for desertion, report as their opinion, "that although it hath been recommended to the officers of the army of these states to refrain from inlisting deserters from the enemy, yet such being inlisted and receiving bounty and pay, are in all respects subject to the articles of war, and liable to suffer death for desertion; the rules and articles for the government of the troops raised or to be raised and kept in pay by and at the expence of the United States of America, making no distinction between the inhabitants of these states and deserters from the enemy taken into the service:"
Resolved, That Congress agree to the report of the committee.
Congress resumed the consideration of the report of the committee appointed to revise the system of the commissary's department: Whereupon,
Resolved, That a commissary general of purchases be appointed, with full powers to depute or remove any officer of his department:
That each assistant purchasing commissary shall receive the following allowances for purchasing provisions and other articles, viz.
Wheat, per bushel 3/90ths of a dollar1 flour or meal, per cwt. 6/90th parts of a dollar; hard bread, per cwt. 8/90ths of a dollar; fresh pork, per cwt. 18/90ths of a dollar; salt pork in barrels, per cwt. 24/90ths of a dollar;2 fresh beef, hide, and tallow, per cwt. 24/90ths of a dollar; salt beef in barrels, per cwt. 24/90ths of a dollar; salt, per bushel, 6/90ths of a dollar; molasses, per gallon,
[Note 1: 1 "Postponed" is written in margin.]
[Note 2: 2 In margin is written: "Reconsidered 9 March, from 30 to 24."]
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3/90ths of a dollar; Hard soap,; common soap;1 West India rum, per gallon, 3/90ths of a dollar; American rum or whiskey, per gallon, 3/90ths of a dollar; rice, per 100 lb 6/90ths of a dollar; meat barrels, for packing beef, pork, or fish, each, 4/90ths of a dollar; bread Casks with lining hoops, each, 3/90ths of a dollar; vinegar per gallon, 3/90ths of a dollar; turnips and potatoes, per bushel, 4/90ths of a dollar; beans and peas, per bushel, 6/90ths of a dollar; pickled shad, per barrel, 12/90ths of a dollar; onions, per bushel, 5/90ths of a dollar; good cabbages per hundred;2
[Note 1: 1 "Left Blank, 9 March."]
[Note 2: 2 The list and prices, except the last two items, are in the writing of Elbridge Gerry.]
That each assistant purchasing Commissary shall be careful not to exceed the prices of provisions fixed by Law in any State; Postponed 9 March and whenever difficulties shall arise in obtaining supplies, he shall apply to the Legislature, or supreme Executive Authority of such State, who are requested to afford him such assistance and directions therein, as they may respectively judge necessary.
That each assistant purchasing commissary shall be allowed ten per centum on the sums which he shall save by purchasing good provisions at less prices than such as are fixed in the respective states:
That if any Assistant purchasing Commissary shall purchase provisions that are not wholesome and deliver the same to any issuing Commissary, or other person appointed to receive the same, the person so receiving the provisions shall complain thereof to any Major or Brigadier General of the United States, who shall thereupon issue his Warrant to one or more Inspectors or packers of provisions to examine it on Oath, and the fact being thus ascertained, the Articles shall be sold at public Auction under the direction of the Deputy Commissary General of purchases of the district, who shall deduct from the amount of the sale of 2 ½ per Cent for his own trouble and per Cent for the issuing Commissary, or other person detecting the fraud, and shall deliver the residue to the Assistant purchaser who shall not be allowed to charge such provisions in the settlement of his account.
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That each Deputy Commissary General of purchases shall receive on all purchases made by himself or his assistants under him, an allowance equal to the one fourth part of the whole allowance made to his assistant Commissaries, together with perCt on all savings made by himself or such assistants.
That the Commissary General of purchases shall receive on all purchases made throughout his department, an allowance equal to one-half of the whole allowance made to the several Deputy Commissaries General of purchases, together withper Cent on all savings made as aforesaid.
That it shall be the duty of each deputy commissary general of purchases to superintend the assistant purchasers under him; see that the business of his department is properly conducted, and that full supplies of provisions are seasonably procured in his district; and that he shall be entitled to an allowance equal to one fifth part of the whole allowance made to his assistants as aforesaid.1
[Note 1: 1 This paragraph is in the writing of Elbridge Gerry.]
On this resolution a question was put, that the allowance to the deputy commissary general should be one fourth part.
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So it passed in the negative.
The question was put on one-fifth,
Resolved in the affirmative.
Question put to agree to this part of the report as amended, ∥the yeas and nays being required,∥
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So it was resolved in the affirmative,
Resolved, That it shall be the duty of the commissary general of purchases to superintend all the officers of his department; to give the necessary orders to the deputy commissaries general, and see that the business in each department is properly executed, and that full supplies of provision for the armies are seasonably procured; and that he shall be entitled to an allowance equal to one-third part of the whole allowance made to his deputy commissaries general as aforesaid:1
[Note 1: 1 This paragraph is in the writing of Elbridge Gerry.]
That the allowances herein provided for the commissary and deputy commissaries general, and assistant commissaries,
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shall be in lieu of all other rewards for their respective services and expences, including the pay of their clerks in purchasing provisions:
That the commissary general be directed to visit the armies and posts, and that he be subject to the orders of the Commander in Chief; and that he be excused from residing at the place where Congress sits, he keeping a clerk and office there, to which all returns shall be made, and which shall be under the inspection and direction of the Board of War:
That the commissary general, deputy commissaries general, and assistant commissaries of purchases, govern themselves in all other respects by the regulations for the commissary's system passed in Congress, the 10 day of June last, and the subsequent resolutions of the 4 day of October last, except such parts thereof as are altered by these regulations.1
[Note 1: 1 This paragraph is in the writing of Abraham Clark.]
That the Committee at the camp, in Conjunction with General Washington, be directed, if they judge it expedient, to alter the Postponed 18 March P. M. Regulations of the Army relative to Rations, by reducing the Quantity of Animal Food, and increasing in a due Proportion the Allowance of Bread, Flour or Grain specified therein; and that no Officer be permitted to draw in Provisions more than such a Part of his Rations as the Committee and the General shall on mature Deliberation order and direct.2
[Note 2: 2 This paragraph is in the writing of Elbridge Gerry. The report is in the Papers of the Continental Congress, No. 29, folio 103. It is indorsed: "Brought in February 23. Consideration postponed till to-morrow. P. M., 24, postponed to Thursday. Resumed, 27th February. Postponed, 5 March. Resumed 9th. Recommitted. Reported and debated 12, P.M. Motion for Commissary, negatived." The two paragraphs on the duties and allowances of the Commissary and Deputy Commissaries of Purchases, formed the report of the committee to whom the original report was recommitted. On folio 107. are the following paragraphs, in the writing of Abraham Clark:
"That there be six Deputy Commissaries general in each of the following Districts, one whereof to include the States Eastward of the State of New York; one to include the States of New York and New Jersey; one between the Rivers Delaware and Potomack below the Allegany Mountain; one between the river Potomack and the State of South Carolina; one including the States of South Carolina and Georgia, and one on the western Frontiers beyond the Allegany Mountains.
"And whereas the government of Connecticut in behalf of the United States hath employed Henry Champion Esq. to purchase Beef Cattle in the Eastern States for the Use of the Army, and Peter Colt Esq. the Deputy Commissary General in the Eastern District hath given up that Branch of the Commissaries Business intirely to Mr Champion,
"Therefore,
"Resolved, That Mr Champion pursue the Business of purchasing Cattle on the Terms upon which the Government of Connecticut employed him, until further Orders of Congress--and that he make returns from Time to Time of his Proceedings to the Board of War that necessary Supplies of Cash be forwarded to him as Occasion may require; and that the Commissary General and Deputy Commissary general receive no Allowance for any purchases made by Mr Champion, as being a Business in which the Commissaries have neither Risk, Trouble or Interference.
"That each deputy Commissary general shall be entitled to receive the Pay and Allowance made by the Regulations of Congress of the day of June last, in Lieu of the Allowance hereinbefore made; if at the End of the Year it shall appear that but a small Proportion of Provisions have been required or called for in his District, and that in Consequence thereof the Allowance made by these present regulations will not amount to such former Allowance [unfinished]"]
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Resolved, That a committee of three be appointed to report a plan for taking bonds with sufficient sureties from officers entrusted by the United States with public monies:
The members chosen, Mr. [William] Ellery, Mr. [John] Henry and Mr. [Thomas] Burke.
A report from the Board of War was read; Whereupon,
Resolved, That Colonel Harrison's regiment of artillery be, and they are hereby ordered from Virginia, to join the grand army, without the least further delay; agreeably to General Washington's request:
Resolved, That the part of the report, which relates to the 13 Virginia regiment, be postponed.
Whereas Congress have judged it proper, that the irruption ordered to be made into Canada should be suspended, and have directed the Board of War to instruct the Marquis de la Fayette to that purpose, and, whereas it appears that the service and presence of the Marquis de la Fayette, and the Baron de Kalb are necessary at the grand army,
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Resolved, That General Washington be authorised to order Major General the Marquis de la Fayette and Major General the Baron de Kalb to join the main army without delay.
Resolved, That General Washington be empowered to order Colonel Hazen's or any other regiment from the northward, if he judge it proper, to join the main army as soon as the season will admit.
Adjourned to 10 o'Clock to Morrow.
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