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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, MAY 29, 1778
A memorial from William Tisdale, Esq. judge of the court of admiralty in and for the port of Beaufort, in the State of North Carolina, and John Cooke, Esq. proctor and advocate in the said court, in behalf of John Cochran, Cornelius Anible, Isaac M'Key, and Nathaniel Moore, who brought into the said port, and libelled in the said court of admiralty, a sloop called the Tryal, which was condemned in the said court, and two-thirds of the net proceeds adjudged to the use of the United States, and the other third to the use of the said libellants, was read, praying, for sundry special reasons therein set forth, that the two-thirds adjudged to the use of the United States, may be given up to the use of the said libellants:2
[Note 2: 2 This memorial, dated May 11, is in the Papers of the Continental Congress, No. 41, X, folio 13.]
Resolved, That the prayer of the said memorial be granted.
Resolved, That the cloathier general and his agents continue to make up and issue the cloathing which they
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have already purchased, and now have in their stores, any thing in the resolution of the 28 instant to the contrary notwithstanding.
Resolved, That a committee of four be appointed to report a plan for regulating continental expresses, and to enquire into and rectify abuses in the general post office:
The members chosen, Mr. R[ichard] H[enry] Lee, Mr. S[amuel] Adams, Mr. [John] Witherspoon, and Mr. [William Henry] Drayton.
Congress resumed the consideration of the report of the committee lately sent to camp, relative to the establishment of the army; Whereupon,
Ordered, That so much thereof as relates to rations, be re-committed.
Congress took into consideration the report of the committee lately at camp, on the letter of the 6 from Governor Caswell: Whereupon,
Resolved, That the non-commissioned officers and other men belonging to the batallions of the State of North Carolina, now in camp, be forthwith reduced and formed by the Commander in Chief into as many batallions as they will complete, according to the number composing the old batallions; and that such new formed batallions be officered agreeably to the new arrangement of the batallions; and that all the supernumerary officers be immediately ordered to return to the State of North Carolina, to officer the men raised by that State to complete their quota of the continental batallions, there to remain for the further order of Congress.
Resolved, That the State of North Carolina be required to fill up four batallions, and no more, upon the new establishment, in addition to those now at camp, and to officer the same with such of their continental officers, as may be ordered from camp as supernumeraries of the batallions
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there, or as are within the State of North Carolina, or with such other persons as they shall think proper; and that the said four batallions remain within the State of North Carolina, at such places as the governor shall direct, until the farther order of Congress.
Resolved, That the officers, who have been appointed by the State of North Carolina to batallions raised by that State, and who shall not be annexed either to their batallions in camp, or to one of the said four batallions, shall not be considered in the service of these United States, but as dismissed therefrom.
Resolved, That 100,000 dollars, be paid to Captain Reading Blount, in lieu of Governor Caswell's draft for 500,000 dollars, made in pursuance of a resolution of the general assembly of the State of North Carolina; the said State to be accountable for the same.1
[Note 1: 1 This report, in the writing of Francis Dana, is in the Papers of the Continental Congress, No. 20, II, folio 349.]
Congress took into consideration the report of the committee on the letters from Mr. President Lowndes, and from Generals Howe and Moultrie; Whereupon,
Resolved, That an immediate enquiry be made what stores are now in the State of South Carolina belonging to the United States; and that, for this purpose, the commanding officer of the troops and the continental agent in that State be required to transmit to Congress a full and proper account of the same; and that the president of that State be requested to forward this business by his countenance and authority.
Resolved, That the State of South Carolina be requested to continue, as heretofore, to advance whatever monies may be necessary for the payment of the continental troops in that State; and also for whatever contingent expences relative to the troops shall accrue on the continental
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account; and to supervise and examine the expenditure thereof; and that a regular account of all such expenditures be transmitted to Congress up to the 31 day of December in every year, together with the vouchers for the same; and after the said account has been liquidated and adjusted by Congress, the same shall be allowed out of the annual quota to be demanded by Congress of the said State; and if such expenditures shall exceed the quota of that State, the balance shall either be immediately remitted to the said State, or carried to its credit in the continental account:
That the State of South Carolina be allowed to retain the 500,000 dollars, their quota for the present year, as part payment of their account now transmitted to Congress.
That a sufficient number of blank letters of Marque and bonds necessary to accompany them, be with the first convenient Agreed. opportunity, forwarded to Mr. President Lowndes.1
[Note 1: 1 This paragraph was not entered on the Journals.]
Your Committee find,upon examining the Journals of Congress, A Resolution of the 31 of December last, "Recommending to the Government of the several states, to suspend filling up any Vacancies in their respective Regiments until they shall hear further from Congress." The resolution being so General operates to the exclusion of such Officers as are entitled to rise in the Regimental line. This your Committee humbly conceive will tend very much to detriment the Service, for they are inclined to believe that in consequence thereof many valuable officers will be lost, who, having served from the beginning of the War, are now well acquainted with their duty. Your Committee would therefore Recommend a Repeal of so much of the said Resolution as excludes Officers from rising in the Regimental line.
Your Committee upon examining the Resolution of Congress of the Ninth of February last are of Opinion,
Resolved, That Mr. President Lowndes acted with propriety and a true regard to the interest of the United States in refusing to advance any further sums of money
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to Colonel Huger, deputy quarter master general, until he accounted for what he had before received; [and that the president, by the resolution of the 9th February last, has a power of suspending from pay and employment, for misbehaviour or neglect of duty, any officer in the quarter master general's department, or in the commissary general's department, or any officer of the staff or other civil officer, within his State, appointed by the head of his department and not immediately by Congress.]1
[Note 1: 1 An amendment in the writing of Charles Thomson.]
And if he had thought proper, he would have been well justified under the said Resolution in proceeding to a suspension.
If Congress should see fit to adopt the mode recommended by your Committee for the future payment of the troops, and other necessary expences incurred in the State of South Carolina, then it will be unnecessary to take any notice of that part of Genl. Moultrie's letter, "requesting a Military Chest to be established in that state." But if Congress should disagree with the Committee in this mode, Then your Committee would recommend what appears to them to be the next best plan: That is, the establishment of a Military Chest in that State, which if properly regulated, will very well Answer the purposes intended by it. And it might in part be supplyed on the spot by the annual Quota of that State being paid into it.
Your Committee beg leave to recommend John Sandford Dart Esqr, as a very proper person to be appointed Deputy Clothier General for the State of So. Carolina.2
[Note 2: 2 This report, in the writing of John Mathews, is in the Papers of the Continental Congress, No. 19, III, folio 193.]
The committee to whom were referred the letters of Governor Houston and Major General Howe, with the papers enclosed, brought in a report, which was taken into consideration; Whereupon,
Resolved, That all military officers and soldiers in the service of the United States are, and of right ought to be, amenable to the laws of the State in which they reside in common with other citizens; but as to the propriety of
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undertaking distant expeditions or enterprizes, or other military operations, and the mode of conducting them, the general or commanding officer must finally judge and determine at his peril:
That, however, a decent attention and respect ought to be paid to the opinion and inclination of the authority of the State which may be more particularly interested in such matters.
Resolved, That after a careful examination by their committee of the letters of Governor Houston and Major General Howe, and the papers enclosed; Congress do not find that General R. Howe, has been wanting in that attention and respect to the authority of Georgia. which is due from the commanding officer.
Resolved, That Governor Houston be assured that Congress are not unmindful of the particular condition of the State of Georgia, but have for some time past had it in contemplation and are disposed to afford that State such aid, and to adopt such measures, as shall give them effectual relief as soon as it will be prudent, consistent with the great and general interests of the United States.1
[Note 1: 1 This report, in the writing of Francis Dana, is in the Papers of the Continental Congress, No. 19, III, folio 199.]
The committee to whom were referred the letters from General Greene, and Lieutenant Colonel Udney Hay, brought in a report, which was taken into consideration, and agreed to as follows:
Whereas Congress, in the present arrangement of the quarter master general's department, have given the quarter master general the appointment of the subordinate officers of that department;
Resolved, That Udney Hay, Esq. who, under the former arrangement of the said department, was appointed assistant deputy quarter master general at Ticonderoga, and a lieutenant colonel by brevet, cannot now hold that office
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by virtue of the said appointment, nor be entitled to any privilege or emolument, which either does at present or may hereafter accrue to any officer of the same rank in the line.
Resolved, That no persons, hereafter appointed upon the civil staff of the army, shall hold or be entitled to any rank in the army by virtue of such staff appointment.
The Marine Committee report, that they have conversed with Captain Landais, an experienced sea officer, and skilled in the construction of ships of war, and that he has demonstrated to their satisfaction, that the seventy-four gun ship now on the stocks at Portsmouth, in New Hampshire, may be more profitably for the public, constructed a two-decker, carrying twenty eight 24 pounders upon her lower battery, and twenty eight 18 pounders on the upper deck; in the whole 56 guns: Whereupon,
Resolved, That the said ship heretofore intended for one of 74 guns, be constructed to carry 56 guns only, upon two batteries, that is to say, twenty eight 24 pounders upon the lower deck, and twenty eight 18 pounders upon the upper deck.
Resolved, That the new continental frigate built at Salisbury, in the State of Massachusetts bay, and lately launched, be called, "The Alliance."
Ordered, That Mr. Peters have leave of absence from the Board of War for a short time, on business of importance.
Adjourned to 9 o'Clock to Morrow.
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