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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 --TUESDAY, APRIL 14, 1778
A letter, of 9, from the Board of War, enclosing sundry affidavits relative to the flag stopped at Lancaster, was read:
Ordered, That the same be referred to a committee of three:
The members chosen, Mr. [William] Duer, Mr. [William Henry] Drayton, and Mr. J[onathan] B[ayard] Smith.
The committee to whom were referred sundry letters from General Howe to General Washington, brought in a report:
Ordered, That it be re-committed to the foregoing committee.
A memorial from the general assembly of Pensylvania, relative to forts built in the county of Westmoreland and provisions laid up there, was read:1
[Note 1: 1 This memorial, dated April 2, is in the Papers of the Continental Congress. No. 41, VIII, folio 50.]
Ordered, That it be referred to the Board of War.
Congress resumed the consideration of the report of the committee appointed to confer with Mr. Wadsworth; Whereupon,
Whereas, it is expedient for the service of the United States, that the Department of Commissary General should be so regulated as to
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induce Men of Integrity and worth to enter into it as to hold out the best prospect of procuring the ends of that establishment; it is therefore
Resolved, That the commissary general of purchases have full power to appoint and remove every officer in his department:1
[Note 1: 1 This paragraph was rejected, but later restored and agreed to.]
That the commissary general shall, from time to time, as the service may require, visit the armies and posts of the United States, and be subject to the orders of the Commander in Chief:
That the commissary general shall not be obliged to reside at the place where Congress sit, but he shall there keep an office, to which all general returns in his department shall be made, and which shall be under the inspection and direction of the Board of War; every officer necessary to that office being daily allowed one ration of provisions; office rent, fire wood, candles, paper, wax, wafers and quills, being furnished at the expence of the United States:
That the commissary general, or his clerk at the office of general returns, shall receive from the treasury, by warrant in the usual manner, all sums of money necessary for the service of his department, and shall be entitled to receive one half per cent. on all sums by him paid to the deputy commissaries general for the public service, who, in their respective districts, shall furnish the necessary sums of money to the purchasing commissaries in such districts: each deputy commissary general shall be entitled to receive one half per cent. upon all sums of money by him paid to the purchasing commissaries in his district; and also three rations of provision when in camp: each purchasing commissary shall be entitled to receive a commission, not exceeding two per cent. upon
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all sums of money by him laid out in the discharge of his office: and the commissary general and his deputies shall be allowed forage for their horses, when at any post where there is forage for the service of the United States, and shall have their horses shod at any shop belonging to the United States:
That money for the use of the commissary general's department, shall be transmitted from the commissary general's office to the respective deputy commissaries general, and expresses sent on the necessary business of that department at the expence of the United States.
That no person acting in the commissary General's Postponed. department ought, while in that department, to be liable to militia duty.
That it be recommended to the governments of the several states to exempt from militia duties all persons, who are, bona fide, engaged in the commissary general's department:
That the commissary general shall appoint an assistant to reside at head quarters, under the orders of the Commander in Chief: the assistant shall be entitled to receive a daily pay of five dollars, an allowance of rations, two for himself and one for his servant, forage for two horses, which shall be shod at the expence of the United States:
That the commissary general, the deputy commissaries general, and the purchasing commissaries respectively, shall provide teams and drivers for transporting provisions at the expence of the United States, when teams and drivers for such services cannot, in due time, be obtained from the quarter master general's department:
That the commissary general shall assign to the several purchasing commissaries, their respective districts for the sphere of their purchases, out of which they shall not make any purchase for the United States, nor into which they shall give any encouragement for the bringing any
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commodities from any other purchasing commissary's district, unless thereto expressly authorized by the commissary general or deputy commissary general of the district:
That each purchasing commissary, upon his entrance into office, shall take an oath before some magistrate, "that he will not directly nor indirectly take any measure, nor cause or countenance any to be taken, to raise the price of any articles within the view of the commissary general's department; that he will use his best skill and judgment in purchasing, on the most reasonable terms, on account of the United States, and that he will give to the commissary general, from time to time, the earliest information of such frauds and abuses in his department as shall come to his knowledge:" [and the affidavit so taken shall be returned to the commissary general, and by him lodged in the war office:]1
[Note 1: 1 These words were inserted by Henry Laurens.]
That all persons in the commissary general's department shall take bills of parcels for all the articles by them respectively purchased, receipts for all the monies by them respectively paid, and receipts for all articles delivered, to be produced as necessary vouchers at their several settlements:
That the purchasing commissaries shall make monthly returns to the deputy commissaries general of their respective districts, of their purchases and the prices paid, and shall settle their accounts once in six months:
That the deputy commissaries general shall, once in every two months, make their returns to the commissary general's office of general returns, and shall settle their accounts at that office whenever required to do so by the commissary general:
That every three months the commissary general shall render to Congress an account of his receipts and expenditures, and every nine months a state of the general
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returns of his department, and such account and state shall be returned at such other times as Congress shall require:
That any Deputy Commissary General or Purchasing Commissary transgressing any part of these regulations, having by his superior been enabled to comply with them in consequence of proper advances of money, shall for the first offence be removed from office.
That all former regulations of Congress, relative to the department of the commissary general of purchases, which interfere with the foregoing resolutions, be repealed.1
[Note 1: 1 This report, in the writing of William Henry Drayton, save the last paragraph, which is in that of William Duel is in the Papers of the Continental Congress, No. 29, folio 111. It is endorsed: "Read 3d April. Debated on commission, and postponed till Committee from camp arrives in Congress."]
The committee to whom the letter from Governor Henry, of Virginia, together with a contract made by him with Mr. Hawkins for the purchase of cattle, was referred, brought in a report; Whereupon,
Resolved, That Mr. Hawkins proceed to purchase beef, cattle and bacon, agreeably to his contract with Governor Henry; and that Mr. Aylett, present deputy commissary general of purchases, be desired to continue to execute the remaining duties of his office, until Colonel Wadsworth, commissary general, shall give further orders with respect to that department.2 That Mr. Wadsworth be directed to transmit money to Governor Henry, of Virginia, to enable Mr. Hawkins to go on with his purchases.
[Note 2: 2 To this point the report in the writing of Francis Lightfoot Lee, is in the Papers of the Continental Congress, No. 29, folio 115.]
The committee to whom was referred the letter of the 10th, from General Washington, brought in a report, which was taken into consideration; after debate,
Ordered, That the farther consideration thereof be postponed till to morrow.3
[Note 3: 3 It was postponed on the request of Pennsylvania.]
Adjourned to 9 o'Clock to Morrow.
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