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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, JUNE 12, 1778


Journals of the Continental Congress, 1774-1789 PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journals of the Continental Congress, 1774-1789
FRIDAY, JUNE 12, 1778

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A petition from Colonel David Kennedy was read:

Ordered, That it be referred to the Board of War.

Congress being informed that Mr. P[hilip] Livingston, one of the delegates from New York, died last night, and that circumstances require his corpse should be interred this evening:


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Resolved, That Congress will, in a body, attend the funeral of Mr. Livingston this evening, at six o'clock, with a crape round the arm, and will continue in mourning for the space of one month.

Ordered, That Mr. [Francis] Lewis, Mr. [William] Duer, and Mr. G[ouverneur] Morris, be a committee to superintend the funeral, and that the Rev. Mr. Duffield, the present chaplain of Congress, be notified to officiate on the occasion.

The committee to whom was referred the letter of the 9, from General Washington, with the papers enclosed, brought in a report, which was taken into consideration, and, after debate,

Resolved, That the consideration thereof be postponed.

The committee appointed to examine the evidence collected, and state charges against the general officers who were in the northern department, when Ticonderoga and Mount Independence were evacuated, brought in a report, which was read:

The committee appointed to examine the evidence collected, and state charges against the General Officers who were in the Northern Department, when Tyconderoga and Mount Independence were evacuated:

Report, That having selected the material evidence in behalf of the public against Major examined the papers to them Committed relative to the subject in question, they find,

That on or about the 13th Day of June, 1777, Major Genl. St. Clair, took upon him the command at Tyconderoga and Mount Independence, and that those posts, were, by his orders, evacuated to the enemy, on the sixth day July following.

That by Deputy Commissary Avery's return of provisions at Tyconderoga, on the 25 of May, 1777, there were at that post, 1,400 barrels of flour, and 661 barrels of beef, which he stated as sufficient provision in flour, for 4,000 men during 66 days, and in beef for 75 days.

That by Deputy Commissary Jancey's return of provisions, remaining on hand at Tyconderoga, the 20th of June, 1777, there were 2,015


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barrels of flour, 195 barrels of beef, 784 Barrels of pork, and 48 barrels of hard bread, besides pease, Indian Meal, sugar, coffee, chocolate, Molasses, wine, rum, salt, candles and hogs lard.

That on or about the 5 of July, 1777, as by Jesse Leavenworth's affidavit, a considerable number of fat cattle arrived at Tyconderoga.

That by the general return of the troops on the 14 of June, 1777, present at Tyconderoga, and on command and which we suppose to be in the environs, there were,

That by the general return of troops on the 28th. June, 1777, present at Tyconderoga and on command and which we suppose to be in the environs, there were,

That General St. Clair informed the Council of War held on the 5 July, 1777, that 900 militia had joined him. That Jesse Leavenworth swears they were of the Grants and Genl. St. Clair in his letter to Congress


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July 14 says, they joined on the 5. That the whole force in Tyconderoga, on the 5 of July 1777, was 5,639 men and officers, of which a number not exceeding 639 could be considered as sick.

That on the 13 of June, 1777, General St. Clair wrote to General Schuyler, the Commanding officer in the Department that two men from Canada taken prisoners, informed him that the British Army in Canada, were assembling to the amount of about 10,000 men, as fast as possible to cross the lake, and attack Tyconderoga, and that he might depend upon it, their fleet would appear in a fortnight at farthest.

That on the 18 of June, General St Clair wrote to General Schuyler, that four of the enemy's vessels, were lying within a mile of the hither side of Split Rock; that on the day before, the enemy's Indians, had taken two prisoners, who had strolled from his camp unarmed, and that he thought the enemies main army was not far off.

That on the 24 of June, General St. Clair wrote to General Schuyler, that the evening before, he had received information from a scouting party, the enemy were encamped on both sides Gillilands creek, and that they were very numerous.

That on the 25 of June, General St. Clair wrote to Congress that he was not able to discover whether the enemy were in force or not. That 7 of their vessels arrived at Crown Point the preceding evening, and that others of their fleet were 4 or 5 miles lower down. That on the 30th. of June, General St Clair wrote to General Schuyler, that the enemy having advanced to the 3 mile point, the Alarm was given, that his people were in the best disposition possible, and that he had no doubt of giving a good account of the enemy, should they think proper to attack him. That it does not appear the enemy did attack General St. Clair, yet nevertheless on the 5 of July he called a Council of War, and desired their opinion whether he should wait the attack at the Tyconderoga lines, or whether the whole of the troops should be drawn over to Mount Independence, the more effectually to provide for the defence of that Post. Whereupon the Council were unanimously of opinion that it was impossible with their force (then stated by General St. Clair to be 2,089 rank and file besides the corps of artillery, 900 militia, and 124 artificers unarmed) to defend Tyconderoga and Mount Independence, and that the troops, cannon and stores, should be removed that night if possible to Mount Independence. That the General also put another question, whether after a retreat to Mount Independence, they should be in a situation to defend that Post, or in case it could not be defended, whether a retreat into the country


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would be practicable. Upon these points the Council unanimously concluded, that a retreat ought to be undertaken as soon as possible, and that they should be very fortunate if it could be effected. And in pursuance of this determination Tyconderoga and Mount Independence were abandoned between two and 3 O'clock in the morning of the 6th. of July, 1777; Genl. St. Clair having as appears by Jesse Leavenworths affidavit, eight days before sent his son and baggage from Tyconderoga to Fort George.

That the sick at Tyconderoga, and the public stores, of ammunition, cannon, Provisions and Cloathing, were left behind or lost upon the precipitate retreat of the sixth of July.

That on the 20 of June 1777 a Council of War was held at Tyconderoga, Generals Schuyler and St. Clair being present; wherein it was determined, that Tyconderoga and Mount Independence ought to be maintained as long as possible, consistent with the safety of the troops and stores. That if either of those posts must be evacuated, the former should be evacuated. That the fortifications and lines on Mount Independence were very deficient, and that the repairing the old and adding new works, ought to claim immediate attention.

That by Jesse Leavenworth's affidavit, it appears that there was not a stroke struck to fortify Mount Independence. That no parties were sent to annoy the enemy, though the troops were healthy courageous and desirous to improve every advantage against them.

That by the determination of the Council of War on the 5 of July it appears, the enemy, had then nothing more to do, to compleat their investiture of the Tyconderoga and Mount Independence, than to occupy the neck of land, a space of three quarters of a mile, between the lake and the east creek, and to possess themselves of the narrows between them and Skeensborough.

That by General St. Clair's orderly book it appears, that on the 15 of June, orders were issued for the following guards.

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A picket guard of one Captain, 3 subalterns, 3 Serjeants, 3 Corporals and 50 Privates, posted to the right of the French lines.

For fatigue, 3 Captains, 10 Subalterns, 10 Serjeants, five Drums and Fifes, 326 rank and file, the whole to continue till farther orders. Total privates for guards 178, for fatigue 326.

That on the 23d. of June, the abovementioned guards were reduced from 178 to 95 men. The fatigue party from 326 to 250 men, and 78 privates under proper officers were ordered for the detail of guards at Mount Independence: all to continue till further orders.

That the 26th. of June was the First Day, the troops were drawn up at their alarm posts, ordered to discharge their loaded pieces, and to clean them. And it was but on this day that a signal was given in orders, in case of an attack at the French lines or at Mount Independence.

That on the 29 of June it was ordered that a scout consisting of a subaltern, a Serjeant, and 20 Privates should be sent out every morning, one hour before gun fire, the fatigue party being then increased to 310 Privates; the other guards continuing as before, 173 Privates, without any addition till the evacuation of the posts.

Upon which state of evidence, your committee in order to ground their charges against Major General St. Clair, beg leave to remark:

Your Committee having thus stated the points principally resulting from the evidence collected against General St. Clair, recommend, that a general Court Martial be ordered to sit for the trial of Major General St. Clair, for the loss of Tyconderoga and Mount Independence, with the public stores. And that he be charged,

Finally upon the case of Major General St. Clair your Committee recommend that authenticated copies of the returns, letters, and determinations of Courts Martial, referred to, be transmitted to the Judge Advocate General; that Elisha Avery, James Jancey, Richard Varick, Jesse Leavenworth, and the Colonels Commanding the 2 battalions of Massachusetts militia, whose time of service was nearly expired, at the evacuation of Ticonderoga be summoned to give evidence at the trial of Major General St. Clair; and that he be furnished with a copy of the remarks and charges against him.1

[Note 1: 1 Another copy of this report, ending with this paragraph, on St. Clair is on folio 288.]

Your Committee beg leave further to Report, that Major General Schuyler having been appointed to Command the Northern Department (including Albany, Ticonderoga, Fort Stanwix and their dependencies) he was by Congress on the 22d. of May, 1777, released from all restraint, respecting the establishment of his Head Quarters.

That by letters to him from General St. Clair, Commanding Officer at Ticonderoga, dated the 13th., 18th., 24th., 25, 26, 28, and 30th. of June, and 1st. of July, 1777, he was informed of the designs, strength and advances of the enemy against Ticonderoga; and of the great danger in which that post and Mount Independence would be, in case of an attack.

That it appears in consequence of the letters of the 13th. and 18th. of June, he went to Tyconderoga; for on the 20th. he there held a Council of War. That altho' in this Council of War it was determined, that the effective rank and file, were greatly inadequate to the defence of Ticonderoga and Mount Independence, but that nevertheless both posts ought to be maintained, as long as possible, consistent with the safety of the troops and stores, and that the fortifications and lines on Mount Independence, were very deficient, and that the repairs and


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additions to them ought to claim immediate attention, yet General Schuyler made no stay at Ticonderoga, to expedite the works on Mount Independence, and to cause a retreat to be made, when it became no longer possible to maintain the posts, consistent with the safety of the troops and stores; for his absence appears, from General St. Clair's letter to him on 24 of June, and those that followed.

That Ticonderoga and Mount Independence, being the posts of greatest defence to the United States, against the advance of the British forces from Canada; and the main army of the Northern Department being stationed at those posts, it was General Schuyler's duty, to have been at the Head of that Army, and to have remained there when he knew the enemy were actually advanced against it: that his forces were greatly inadequate to the defence of the posts, and that they were to be abandoned in the moment, when it should become no longer possible, to maintain them consistent with the safety of the troops and stores: a moment of which it was necessary the first officer in the Department should judge.

That in the absence of General Schuyler, this critical and important moment passed unobserved, or unimproved; for on the 6th. Day of July the posts were abandoned, with the loss of the sick, ammunition, cannon provisions and cloathing of the Army, and the loss of many lives in the retreat.

Wherefore your Committee recommend that a General Court Martial be ordered to sit for the trial of Major General Schuyler, and that he be charged:

With neglect of duty in not being present at Ticonderoga to discharge the functions of his command from the middle of June, 1777, until it was no longer possible to maintain Ticonderoga and Mount Independence, consistent with the safety of the troops and stores, when he should have caused a retreat to be made for the preservation of both: Under the 5 Article of the 18 Section of the rules and articles of War.

Lastly, upon this case, your Committee recommend that authenticated copies of the letters and determinations of the Court Martial referred to, be transmitted to the Judge Advocate General, and that Major General Schuyler be furnished with a copy of the charge against him.

Your Committee not having any charge against any others of the general officers, who were in the Northern Department, when Tycon


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deroga and Mount Independance were evacuated, recommend that they be released from their arrests.

See to procure a copy of St. Clair's letter to Congress, July 14, 1777.

Also his letter to John Jay, of the 25th. July, 1777. It is in Dunlap's General Advertizer, August 5, 1777.

Also Burgoyne's return of provisions taken at Ticonderoga.

That General St. Clair, in his letter to the Honorable John Jay dated July 25, 1777, writing of the evacuation of Tyconderoga and Mount Independance, says, that had the opinion of the Council been contrary to what it was, it (meaning the evacuation) would nevertheless have taken place, as he knew it to be impossible to defend the posts with their numbers.1

[Note 1: 1 This report, in the writing of William Henry Drayton, is in the Papers of the Continental Congress, No. 29, folio 271.]

Ordered, To lie on the table,

Adjourned to 10 o'Clock to Morrow.

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