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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 --THURSDAY, AUGUST 27, 1778
In consequence of a recommendation by Brigadier John Paterson,1
[Note 1: 1 This recommendation, dated August 11, is in the Papers of the Continental Congress, No. 78, XVIII, folio 201.]
Resolved, That the Rev. Mr. Enos Hitchcock be, and he is hereby, appointed chaplain to Massachusetts brigade, commanded by Brigadier John Paterson.
A memorial from Hyam Solomon, late of the city of New York, was read:2
[Note 2: 2 This memorial, dated August 25, is in the Papers of the Continental Congress, No. 41, IX, folio 58. It is signed Haym Salomon.]
Ordered, That it be referred to the Board of War.
A motion was made that Congress meet twice a day; Whereupon it was moved that the consideration of that question be postponed.
On the question for postponing, the states were equally divided.
It was then moved in right of a State that the determination of the main question be postponed to the next day.
A letter, of 12 July, from Richard Ellis, at Newbern, North Carolina, and directed to the Committee of Commerce, was read:
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Ordered, That it be referred to the Committee of Commerce, and that they report thereon if they judge proper.
A letter, of 21, from Stephen Steward, of West river, Maryland, and directed to the Committee of Commerce, was read, desiring to know what he shall do with the ship Chase, and intimating that about two hundred hogsheads of tobacco, belonging to the public, are now spoiling; Whereupon,
Ordered, That the Committee of Commerce direct Mr. Steward to sell the tobacco, and to fit the vessel for sea with all despatch, to take on board a cargo of flour.
A letter, of 14 August, from Mr. de Francey to the Committee of Commerce, was read:
Ordered, That it be returned to the Committee of Commerce.
A letter, of 22, from Mons. Marmajou, with sundry papers enclosed, relative to the brig Prudence, was read:1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, XV, folio 377.]
Ordered, That the same be referred to the committee on the letter of the 6th July from Mr. Bingham.
The committee to whom was referred the memorial of John Mitchel Esq. deputy quarter master general, report,
"That, as the deputy quarter master general, ex officio, applied to the judge of the admiralty of Pensylvania, and, by his authority, on behalf of the United States of America, took possession of a ship or vessel loaded with British property, sunk on the chevaux-de-frize in the ∥river∥ Delaware, and left there by the enemy; and as two merchants of Philadelphia have claimed the ship and cargo, having, as they say, bought them at vendue, when the enemy were in possession of Philadelphia; and, as the executive council of Pensylvania have also set up a claim, in behalf of the State, to the same ship and cargo; and therefore these several claims must be determined
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by a suit at law: the committee recommend that John Mitchel, deputy quarter master general, be authorized, at the charge of the United States, to maintain and prosecute their claim to the said ship and cargo."1
[Note 1: 1 This report, in the writing of William Henry Drayton, is in the Papers of the Continental Congress, No. 19, IV, folio 85.]
On the question put,
Resolved, That Congress agree to the report of the committee.
The committee appointed to consider part of a report of the Committee of Commerce, and the papers and accounts from Raymond Demeré, deputy cloathier general in Georgia, brought in a report:
Ordered, To lie on the table.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the treasurer in favour of James Mease, Esq. cloathier general, for 29,651 30/90 dollars, to enable him to pay a bill of exchange for this sum, drawn by Messrs. Otis and Andrews, of Boston, the 30th June last, in favour of John Bradford, Esq. and endorsed by him to the Marine Committee; the said James Mease to be accountable:
That a warrant issue on the treasurer in favour of the Marine Committee, for 510 2/3 dollars, to enable them to discharge an account of Messrs. Hopkinson and Wharton, allowed for their expences at Baltimore, and on their journey from thence to Philadelphia; the said Marine Committee to be accountable:
The committee further report, "that the Board, having considered the petition of Captain James Knox, of the 8 Virginia regiment, dated White Marsh camp, November, 19, 1777, to them referred by Congress, are of opinion that nothing is offered to prove that the petitioner was
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authorized to receive money for the officers and soldiers of his company, which, agreeable to the establishment, should have been paid to the regimental pay master; that, supposing him justifiable in this, no evidence is adduced to shew that it was not through his neglect that the money which he drew for the officers and men of his company, remained in his hands when ordered to join Colonel Morgan's corps:
That in the petition, it is set forth, that only six hundred and eighteen dollars belonging to the said officers and soldiers, were delivered to Captain Berry at the time of his receiving the order to join Colonel Morgan; whereas, by the deposition of Captain Berry, it appears that fifteen hundred and twelve dollars had been delivered to him by the petitioner, of which 618 dollars had been lost; that the evidence of John Key, relative to the breaking open the chest, appears unfavourable to the petitioner;" Whereupon,
Resolved, That Captain Knox have leave to withdraw his petition.1
[Note 1: 1 This report, dated August 26, is in the Papers of the Continental Congress, No. 136, II, folio 499.]
Resolved, That a committee of five be appointed to consider of the state of the money and finances of the United States, and report thereon from time to time:
The members chosen, Mr. R[obert] Morris, Mr. [Elbridge] Gerry, Mr. R[ichard] H[enry] Lee, Mr. [John] Witherspoon, and Mr. G[ouverneur] Morris.
Ordered, That the report of the committee on the proceedings of the convention of committees, be referred to the foregoing committee.
A letter, of 24, from General Washington, and one, of the 21, from General Sullivan, were read.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 152, VI, folio 281.]
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Congress took into consideration the report of the committee to whom were referred the letters of Major General Gates, of the 22 July, and of Brigadier Parsons, of the 21 July, relative to cloathing purchased by Major Bigelow, &c. Whereupon,
The Committee to whom were referred the Letters of Major General Gates of the 22d July, and of Brigadier General Parsons of the 21st July, relative to Cloathing purchased by Major Bigelow, and the distressed situation of the Connecticut Troops for want of Cloathes beg Leave to report:--
That from the certificates of sundry Officers belonging to the State of Connecticut it appears that they have received of Joseph Trumbull Esqr. in the latter end of January last, Materials for making, as specified in the Abstract herewith annexed, which Materials were purchased by Messrs. Otis and Andrews, Agents for the Cloathier General at Boston, and forwarded to Governor Trumbull in consequence of his request.1
[Note 1: 1 Vide, abstract and Receipts No. 1. Note by Committee.]
That it appears from a Letter of Messrs. Otis and Andrews to Mr. Mease, Cloathier General, dated Boston, 30th June, 1778, that other Parcels of Cloathing had been delivered by Otis and Andrews in Consequence of Governor Trumbull's desire; but as Receipts had not come to hand the particulars cannot be ascertained.2
[Note 2: 2 Vide letter o and a, No. 2. Note by Committee.]
That it appears by the same Letter, that Brigadier General Parsons had ordered a Parcel of Goods, purchased by Mr. Barrell on account of the United States out of the hands of the Person who had them in Care; but whether these Goods were appropriated to the Use of General Parson's Brigade, or of what Particulars they consisted, does not appear.3
[Note 3: 3 Vide No. 2. Note by Committee.]
That the Materials furnished by Messrs. Otis and Andrews were on or aboutdelivered over to Major Bigelow, in order that he might superintend their being made, and forwarded to the Army, and that from Major Bigelow's Account, it appears that a very Considerable Part of this Cloathing has been already made, and forwarded to the Army, and that the Remainder will be compleated in about 3 Weeks.
That it appears from a Letter to [from] Mr. Mease to this Committee that in Consequence of a Resolution of the 28th August last, and the
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Application of Major General Putnam, Major Peter Hughes was appointed an Assistant in the Cloathing Department at Fish Kills, some Time in October last, and that he continued to act therein fill some time in June last.1
[Note 1: 1 Vide letter J Mease Aug. 1st, No. 3. Note by Committee.]
That in Consequence of Complaints made of the distressed Situation of the Continental Troops on the North River for Want of Cloathing, Congress on the 4th March last,
Resolved, "That the Cloathier General be directed to send an Assist "ant Cloathier to be stationed with the Continental Army on the North "River to Superintend the procuring and Distribution of Cloathing, "and in the mean Time that the Commanding Officer take such Order "as to Cloathing the Troops as Exigencies may require."2
[Note 2: 2 Vide Res. No. 4. Note by Committee.]
That Mr. George Measam, who acted as Cloathier to the Northern Army, arrived at Fish Kills on or about the 20th of June last from Albany.
That from the Declaration of Major Bigelow to your Committee, it appears that he was appointed to procure Cloathing for the Army under the Command of General Gates about the latter End of May last.
That the Return of Cloathing wanted for sundry Regiments in the Northern Army is signed by George Measam Assistant Commissary of Cloathing at Fish Kill, June 20th 1778, and afterwards transmitted to Major Bigelow.3
[Note 3: 3 Vide No. 5.]
That it appears to your Committee, that at the Time this Return was signed by far the greatest Part of the Materials specified therein was actually arrived on Account of the United States, in the States of New Hampshire and Massachusetts Bay, and that a Considerable Part of the same was made up into Cloathes, Exclusive of Cloathing in the Hands of Messrs. Otis and Andrews at Boston sufficient for Cloathing 1500 or 2000 men.
That the Purchases of Cloathing by Major Bigelow were made in the State of Massachusetts Bay, in the latter End of June, and Beginning of July last, and that the Advance given for the same was from 11 @ 1200 lawful for 1 Shilling sterling, equal to about 1500 Penna. Currency for one sterling.4
[Note 4: 4 Vide No. 6.]
That it appears by an Account furnished to your Committee by Mr. Mease, the Cloathier General that there is in the Hands of William Gardiner, Esr, at Portsmouth in New Hampshire, a quantity of
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Cloathing purchased by him on public Account at 4¾ advance for one Livre, reckoning the Livre at I Shilling lawful, to the Amount of 7211 5.6, which Purchase was made in the Month of June last.1
[Note 1: 1 Vide Letter, Wm Gardiner No. 7.]
That a Quantity of Linen and Woolen Goods were purchased by Mr. Thcodorus Barrell, of New London, for the Use of the United States at the Rate of 5 for one, on or about the 20th March last.2
[Note 2: 2 Vide letter Otis and Andrews No. 8.]
From which Summary of Facts it appears to your Committee, that a very considerable Stock of Materials for supplying the Connecticut Troops has been delivered by Messrs. Otis and Andrews to the Order of Governor Trumbull; and detained by Brigadier General Parsons; that although the greatest Part of the same was delivered in the latter End of January, great Delays have happened in making up the same, the whole having not yet been delivered; That there being an Assistant Cloathier acting in the Department on the East Side of Hudson's River, at the Time Major Bigelow declares he received his Appointment, the Commanding Officer was not authorised under the Resolution of Congress of the 4th March last, to make an additional Appointment of a Person to procure Cloathing; That it was the Duty of Mr. George Measam, who signed the Return of Cloathing wanted for Sundry Regiments, which was transmitted to Major Bigelow to have made the said Purchases himself, or to have applied for the same to the Principal of the Department; That at the Time the purchases were made by Major Bigelow large Supplies of made and unmade Cloathing belonging to the U. States were stored in the State where the Purchases were made, notwithstanding which, your Committee being of Opinion, that Major Bigelow acted under an Authority, which he had Reason to deem sufficient, that his private Ruin may be involved in discharging what he conceived to be a public Contract, and that the Character of Major Bigelow is such as to induce a Belief that the Goods he purchased were contracted for on the best Terms he could procure them, beg leave to submit to Congress the following Resolutions:
That, it being represented by the Cloathier General to Congress, that an Assistant Cloathier was resident with the Army on the East side of Hudson's River at the Time when Major Bigelow declares he was appointed to procure Cloathing for that Army, the Commanding Officer in that Department was not warranted by the Resolution of Congress of the 4th of March last, to make an Appointment of any Person to procure Cloathing for the Troops in that Quarter.
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This it was the Duty of Mr. George Moasam to procure the Cloathing wanted for the Troops on the East side of Hudson's River, either by making the Purchases himself, or by applying to the Principal in the Cloathing Department; that from a Neglect of this the Public have been put to great and unnecessary Expenditures; and therefore that the Commissary General of Cloathing be directed to enquire and report to Congress the Reasons which induced Mr. Moasam to deviate from the Regular Line of his Duty.
And whereas doubts have arisen whether the said goods might not have been purchased at rates lower than they were contracted for,
Resolved, That the Clothier General be directed to make particular enquiry at what advance goods were sold at whole sale on the sterling invoice in the States of Massachusetts Bay and New Hampshire in the latter end of June last, and that he transmit the result of his enquiry to Congress as soon as possible.
Resolved, That a warrant issue on the treasurer in favour of James Mease, Esq. cloathier general, for two hundred and ninety thousand dollars, to be by him paid to Major Bigelow, for the purpose of satisfying the contracts which he has made for cloathing, in consequence of orders given him by the commanding officer on the east side of Hudson's river, in pursuance of the resolution of Congress of the 4 March last; and that Major Bigelow settle his accounts with the commissary general of cloathing.
Resolved, That Major Bigelow, be, and he is hereby directed to deliver all the cloathing, which he has purchased into the hands of the cloathier residing with the army on the east side of Hudson's river, as the same shall, from time to time, be made up; and that he transmit to the commissary general of cloathing, particular invoices of the goods he has purchased, and accounts of the deliveries made.1
[Note 1: 1 This report, in the writing of William Duer, is in the Papers of the Continental Congress, No. 19, I, folio 357.]
Adjourned to 9 o'Clock to Morrow.
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