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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 --WEDNESDAY, APRIL 15, 1778
A letter, of 13, from Mr. R. Morris, and one of the 8th, from John Swanwick, were read;1
[Note 1: 1 The letter of Morris is in the Papers of the Continental Congress, No. 137, Appendix, folio 229; that of Swanwick, in No. 78, xx, folio 203.]
Ordered, That they 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 in favour of the Committee of Commerce, for 5,231 83/90 dollars, to enable them to pay a bill for that sum drawn on them by Samuel and Robert Purviance; the said committee to be accountable.2
[Note 2: 2 This report, dated April 13, is in the Papers of the Continental Congress, No. 136, II, folio 221.]
Resolved, That George Campbell, Esq. be appointed a manager of the United States' lottery.
The Committee on the Treasury brought in a report respecting the establishment of a new Board of Treasury, which was read:
The Beard of Treasury agree to Report the following Plan of a New Board:
That a Board to consist of five Members, not of Congress, be appointed to superintend the affairs of the Treasury, and that three be a quorum.
That it be the Duty of the Board to examine from time to time the State of the Treasury, prepare Estimates of the Publick expence and report thereon to Congress.
To superintend such Emissions of Bills of Credit, Bills of Exchange, and Loan Office Certificates as may be ordered by Congress, and to furnish Materials and employment to persons for conducting this Business.
To deliver the said Bills and Certificates to the Treasurer, taking his receipt for the same.
To direct the affairs of the Loan and Lottery offices, and all persons acting in these Departments.
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To see that the publick accounts are properly liquidated and kept.
To transact such other matters as may be referred to them by Congress and keep fair Records of all their proceedings.
That for these purposes the Board of Treasury shall keep an office in the City or place where Congress shall from Time to Time hold their Sessions, the necessary Expences of which shall be defrayed by the Publick.
That an Auditor and Deputy Auditor General be appointed by Congress.
That it be the Duty of the Auditor, or in his absence of the Deputy Auditor General, to direct the stating, arranging and keeping the publick accounts subject to the controul of the Board of Treasury.
That the Board be authorised to appoint a sufficient Number of Commissioners, Auditors and Clerks for liquidating the publick accounts, and instruct them in the Duties of their respective offices; and that they discharge from time to time such of the said officers as they may judge expedient, reporting to Congress the Names of the Persons so appointed or discharged.
That all Contracts, Securities and obligations entered into or taken by Congress or the Board, shall be lodged or kept in the Treasury office of accounts, and that all persons to whom publick Monies have been or shall be advanced or paid by Congress, shall be Charged with the same in the Books of the office, for which purpose every warrant on the Treasurer, or any of the Commissioners of the Loan offices, which shall Issue after the Treasury office shall be opened, shall previous to its being paid be entered at the said office, and the entry certified on the Warrant by a Member of the Board, the Auditor, or Deputy Auditor General.
That no receipt of the Treasurer for publick Monies shall be admitted as a Voucher before it is entered at the Treasury office, and the Entry certified thereon, as aforesaid.
That all Assemblies, Conventions, Councils and Committees of Safety, Commissioners, Paymasters, and others entrusted with publick Money, shall, within a reasonable time after being called upon for that purpose by the Board of Treasury, produce their Accounts and Vouchers in order to their being adjusted and settled.
That the Board of Treasury shall be authorised to call on any officer of the United States for such Materials and Information as the Board may judge useful in stating, explaining or settling the publick accounts.
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That each Member of the Board of Treasury, the Auditor, and Deputy Auditor General and Clerks before entering upon their office, shall respectively take an Oath, to be administered to the Board by the president of Congress, and to the other officers by some one or more of the Members of the Board, Certificates whereof shall be filed in the Treasury office, "well and faithfully to execute the Trust reposed in them as Members of the Board, Auditor, or Clerk" as the case may be, "according to the best of their Skill and Judgments, and to disclose no matter, the knowledge of which shall be acquired in Consequence of such their Office, or which they shall be directed to keep secret."
ThatDollars per Day be allowed to each Member of the Board of Treasury;Dollars per Day to the Auditor General; and the same allowances to the Deputy Auditor General, Commissioners of Accounts, Auditors of the Army, and Clerks, as are already provided by Resolutions of Congress.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 223. It is endorsed: "Read, A. M. 15 April. Ordered for 17th. Read again, and postponed to 1st June. Resumed 30 July. Referred to a committee of five, viz: Morris, Gerry, Witherspeon, Telfair, R. H. Lee."]
Ordered, That the consideration thereof be postponed to Friday next.
The committee appointed to prepare a letter to the State of Delaware, brought in a draught, which was read, amended, and agreed to:
Sir: Congress are acquainted by General Smallwood, that their late order to him to secure the Persons of Thos. White, and Chas. Gordon, and others of your State whose going at large he might deem dangerous, and to send them to a Place of security, has given some disgust to your Government, and that an Habeas Corpus is granted to procure their Discharge. I am directed to inform You of the Grounds of the above order, and doubt not of an Acquiescence in a Measure whose only Motive was the object, of which were the security of your State, and a proper Attention to the safety of the other States. It is an incontrovertible fact Congress had received information, on which they rely, that a very great Majority of the Inhabitants of Kent and Sussex and a considerable Part of New Castle, are disaffected, and many of them avowed and bitter Enemies to our Independance. Congress esteem themselves bound in Duty to watch over and to endeavor to preserve
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the general Welfare; they will not interfere with the Police of any of the States, or lay Hands on any of their Subjects, unless any State should become disaffected [in Cases of extreme necessity and from that disaffection be rendered incapable] or unable to execute its own Government! the Exercise of Power in these Circumstances, or during the Time of an Invasion cannot be drawn into Precedent in Time of Peace.
Congress repose the greatest Confidence in the assembly and executive of your State, composed at present of Gentlemen well attached to the Common Cause, but Congress deemed the Power of your State inadequate from the very great Inequality between the Whigs and Tories, and were apprehensive if your Executive attempted to seize the Leaders of your Malignants that your Weakness would be discovered and that you would become more odious to these whom you cannot govern. and have heretofore exercised similar powers in the other States without giving any offence.
A. The clause opposite this letter was amended in this manner:
"They will not interfere with the police of any of the States, or lay hands on any of their Subjects, unless in cases of extreme necessity."
And a Motion being made to expunge the paragraph as amended:1
[Note 1: 1 These paragraphs are endorsed on the report by Charles Thomson. The draught, in the writing of Samuel Chase, is in the Papers of the Continental Congress, No. 20, II, folio 209.]
Ordered, That a copy of the said letter be made out and signed by the president, and transmitted to the president of the State of Delaware.
Resolved, That Congress approve of Brigadier Smallwood's conduct in apprehending Thomas White and
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Charles Gordon, by virtue of their order of the 26th March last.
Resolved, That a committee of three be appointed to prepare and report terms to be offered to such foreign officers and soldiers in the service of the king of Great Britain, as shall quit that service and chuse to become citizens of any of the United States of America:
The members chosen, Mr. [Samuel] Chase, Mr. [Francis] Dana, and Mr. G[ouverneur] Morris.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the commissioner of the loan office in the State of Pensylvania, in favor of the president and council of the said State for the sum of 20,000 dollars, to be by them put into the hands of proper persons for the purpose of purchasing horses in the said State, for the use of the army of the United States; the said State to be accountable:
Resolved, That a warrant issue in favor of Joseph Trumbull Esq. late Commissary General on the Loan Office of the State of On question negatived. Connecticut for one hundred thousand Dollars, to enable him to discharge the Debts which he contracted for the Public, while acting in that Department, and for which he is to be accountable.
That a warrant issue on the commissioner of the loan office in the State of Pensylvania, in favor of Thomas Reed, assistant pay master general, to discharge General Washington's draught on William Palfrey, pay master general, in favor of Clement Biddle, commissary general of forage, for 10,6662/3 dollars; dated at camp, the 21st of January last:
That a warrant issue on the commissioner of the loan office in the State of Pensylvania, in favour of John Gibson, auditor general, for the sum of 61,6311/3 dollars, to
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enable him to discharge the residue of a warrant drawn on him by the President of Congress, dated the 14th of September last, in favour of the supreme executive council of the State of Pensylvania, for the sum of two hundred thousand dollars.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, II, folio 231.]
Four o'Clock, p. m
Mr. [Charles] Carroll, a delegate from Maryland, attended, and took his seat in Congress.
Congress resumed the consideration of the report of the committee on General Washington's letter of the 10th; Whereupon,
Resolved, That General Gates be directed forthwith to repair to Fishkill, on Hudson's river, and take the command [of all troops which now are, or shall be collected and stationed at the posts on that river, and in the whole]2 northern department; and immediately take effectual measures to secure the communication with the eastern states, by maintaining the possession of Hudson's river; and for that purpose, that he be empowered to provide such a number of gallies, gun-boats, fire-rafts, chains, cassoons, and chevaux-de-frize, and erect such fortifications as he may judge necessary, taking care that the fortifications be not too extensive, and also to carry on operations against the enemy if any favorable occasion should offer:
[Note 2: 2 Words in brackets were inserted by William Ellery.]
That to enable him to carry into execution the purpose aforementioned, General Gates be authorized to call for militia and artificers from the states of New York, Connecticut, Massachusetts bay, and New Hampshire; and in case the enemy shall evacuate Rhode Island, from that State also; and it is hereby earnestly recommended to the said states, to afford every assistance in their power, as
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well in sending forth their militia in such numbers, and for such time, as General Gates shall think proper, as in furnishing artificers, materials and other necessaries for fortifying and obstructing the said river:1
[Note 1: 1 This report, in the writing of Francis Dana, is in the Papers of the Continental Congress, No. 19, II, folios 383 and 389. It is endorsed "debated 14 A. M. Postponed by Pennsylvania."]
That General Gates be directed, from time to time, to afford every assistance in his power in forwarding the draughts and other reinforcements destined for the main army.
Resolved, That a committee of three be appointed to prepare a draught of instructions to Major General Gates:
The members chosen, Mr. G[ouverneur] Morris, Mr. [Francis] Dana, and Mr. [William] Duer.
A memorial from Mons. Mondret, was read:
Ordered, That it be referred to the Marine Committee.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the treasurer in favour of William Buchanan, Esq. late commissary general of purchases, for 200,000 dollars, for the use of the commissary's department in the middle district; for which he is to be accountable:
That a warrant issue on the treasurer in favor of James Forbes, Esq. delegate from Maryland, for 700 dollars, advanced upon his application, and to be charged to the said State.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 136, II, folio 221a.]
A letter, of the 9th, from Governor Livingston, of New Jersey, with the copy of a petition from the officers, civil and military, of the county of Cumberland, was read:3
[Note 3: 3 This letter is in the Papers of the Continental Congress, No. 68, folio 351.]
Ordered, That it be referred to the committee on the representation from the general assembly of New Jersey,
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and that Mr. G[ouverneur] Morris be added to the said committee.
Adjourned to 9 o'Clock to Morrow.
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