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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, SEPTEMBER 3, 1778
A letter, of 31 August, from General Washington, was read, together with the following papers enclosed therein, viz an account of officers for whom Colonel Armand desires commissions in his corps; a memorial of Brigadier du Portail, respecting the rank of the officers who came with him; and a report of a board of general officers on an alteration in the rules and articles of war:1
[Note 1: 1 The letter of Washington is in thePapers of the Continental Congress, No. 152, VI, folio 313; the report of the board of general officers is on folio 317; the memorial of Du Portail is in No. 41, VIII, folio 54.]
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Ordered, That the said letter, with the papers enclosed, be referred to the Board of War.
The Committee on the Treasury brought in sundry reports: Whereupon,
Ordered, That a warrant issue on the treasurer in favour of Joseph Hilborn, for 500 dollars, in discharge of a bill of Samuel Johnston, treasurer of the northern district of the State of North Carolina, in favour of Richard Blackledge, for that sum, dated the 21 December, 1776; the said State of North Carolina to be accountable:1
[Note 1: 1 This report, dated August 31, is in thePapers of the Continental Congress, No. 136, II, folio 511.]
That a warrant issue on the treasurer in favour of Dr. Jonathan Potts, deputy director general for the middle district, for 70,000 dollars, of which 40,000 is for the use of the hospitals thereof, and 30,000 to be transmitted to Dr. Johnston, assistant director of the northern department: the said Dr. Potts to be accountable:
That a warrant issue on the treasurer in favour of James Mease, Esq. cloathier general, for one hundred and thirty one thousand dollars, to enable him to answer sundry draughts of his agents; the said James Mease Esq. to be accountable.2
[Note 2: 2 This report is in thePapers of the Continental Congress, No. 136, II, folio 527.]
That a warrant issue on the treasurer in favour of David Mosely, for 200 dollars, advanced him on account of his wages, printing the bills of exchange.
Resolved, That where accounts of back rations are presented to the auditors of the army, which, from death or distant removal, cannot be certified by the issuing commissaries, the auditors be empowered to settle such back-rations upon the oath of the party, and such other evidence as the circumstances of the case will admit.3
[Note 3: 3 This report, dated September l, is in thePapers of the Continental Congress, No. 136, II, folio 513]
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Resolved, That any person who has been or shall be appointed a brigade chaplain, and previous to his appointment shall have acted in that capacity, be allowed for the time of such service, after the date of the certificate of the brigadier or colonel commandant of his brigade to Congress, recommending him to the said office, the pay and rations or subsistence of such a chaplain, deducting the sums received as regimental chaplain.
Resolved, That each auditor of the army be hereafter allowed for subsistence one ration per day and fifty dollars per month:
That the auditors of each army be authorized to augment the pay of their clerks to a sum not exceeding seventy dollars per month.1
[Note 1: 1 This report, dated September 2, is in thePapers of the Continental Congress, No. 136, II, folio 521.]
Congress proceeded to the election of an auditor of accounts at the main army, and the ballots being taken,
James Johnston, Esq. was elected.
In consequence of an adjustment by the commissioners of claims, the assistant auditor reports.
That there is due to Messrs. Furedge, Spanganberg, Miller, Shultz and Shultz, for their services as musicians at the entertainment given by Congress to the French minister, the 6 of last month, forty dollars:
That there is due to Hynman Taylor, for making two chair seats for the use of Congress [at the public Reception of Monsieur Gérard] 27 30/90 dollars:2
[Note 2: 2 This report is in thePapers of the Continental Congress, No. 136, II, folio 517. The words in brackets are taken from the original report.]
Ordered, That the said accounts be paid.
Congress took into consideration sundry reports from the Board of War, and thereupon came to the following resolutions:
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At a Board of War,August 28, 1778.
Present Mr. Pickering, Mr. Peters.
The Board have considered Genl Arnold's letter referred to them by Congress, and procured from the Town Major a detail of the guard daily mounted in and near this city, which is annexed hereto. Besides the duty of the garrison, there is frequently occasion for escorts and small parties to be furnished out of the troops stationed here. Some allowance too should be made for casualties. The Board are therefore of opinion that the number of militia asked for by Genl Arnold is not too great, and beg leave to report,
Whereas General Washington has required that the continental troops in Philadelphia be sent to join the main army, and that they be replaced by the city militia:1
[Note 1: 1 This paragraph was not in the original report.]
Resolved, That the supreme executive council of the State of Pennsylvania be requested to call out immediately three hundred of the militia of the State, to serve as guards in the city of Philadelphia, and perform such other military services as shall be required of them.2
[Note 2: 2 This report, in the writing of Timothy Pickering, is in thePapers of the Continental Congress, No. 147, II, folio 221.]
At a Board of War,Aug. 7th 1778.
The Board having received an application from Colo. Proctor of the Artillery Regiment raised in Pennsylvania, desiring that the Regiment may be considered as Part of the Quota of Pennsylvania as the Men were entirely recruited in that State, and representing that the Council of that State do not think proper to furnish Money for the State Bounty on the present Footing of the Regiment, Agreed to report to Congress.
Resolved, That the artillery regiment raised in Pensylvania, commanded by Colonel Thomas Proctor, be considered as part of the quota of troops to be furnished by that State, which is to be credited for the men now in the regiment, and also for any which shall be hereafter recruited therein; and that the government of the said
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State be requested to furnish Colonel Proctor with the State bounty, to enable him to fill up the regiment to its complement of men:
That the committee of arrangements be directed to consider the state of the officers of the said regiment, and regulate the same in the manner and according to the rules adopted by them with respect to other artillery regiments.1
[Note 1: 1 This report is in thePapers of the Continental Congress, No. 147, II, folio 167.]
War Office,August 29, 1778.
Present Mr. Peters, Mr. Pickering.
The Board having considered the cases of Messrs. Führer and Kleinschmit, lately first Lieutenant in the Hessian corps in the service of the King of Great Britain, as stated in the letter of His Excellency Gen1. Washington, referred to this board on the 18 inst. having also conferred with the Baron Steuben on the subject, are of opinion
Resolved, That, a new corps of troops be raised by the name of theGerman volunteers, to consist of such deserters from the foreign troops, which have been or shall be in the service of the king of Great Britain, as shall be disposed freely to inlist therein:
That this corps be inlisted for three years or during the war, and receive the usual bounty and cloathing allowed to the troops in the service of the United States:
That each non-commissioned officer and soldier who shall inlist into the said corps, and bring with him the several articles of cloathing enumerated in a resolve of Congress, passed the sixth of September, 1777, and sufficient for one year's service, shall receive therefor the sum of fifty-six dollars, and so in proportion for any parts of such cloathing at the rates there fixed; the money allowed for such cloathing to be paid by the cloathier general or one of his deputies, who shall charge the articles so paid for as cloathing issued to the corps:
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That Lieutenants Fearer [Führer] and Kleinsmit [Kleinschmit] have, for the present, the pay of captains in the service of the United States, and be empowered to inlist the deserters aforesaid, preferring such as they can induce to leave the service of the enemy; and that captains' commissions be granted them, provided that within three months from this third day of September, each shall have inlisted at least thirty men.1
[Note 1: 1 This report, dated August 29, is in thePapers of the Continental Congress, No. 147, II, folio 241.]
War Office,September 2d, 1778.
Present, Mr. Duer, Mr. Peters, Mr. Pickering.
The Board have considered Genl. de Kalb's letter relative to Lieut. Charles Juliat, referred to them by Congress; they have also conversed with Mr. Juliat, and find that Gen.l Pulaski would receive him as a volunteer in the infantry of his corps, but, he has not the means of subsisting himself in that character; yet from Gen.l de Kalb's recommendation, and because encouragement has been given for foreign officers to quit the Enemy's service, we are of opinion he should be employed. If his services are approved, he may have a commission hereafter either in the legion, or the corps of German volunteers, as Congress shall please to order, the board being of opinion that Lieutenants Führer and Kleinschmit already reported to Congress are sufficient to make the experiment of recruiting for the latter corps. The Board therefore beg leave to report,
It being expedient to appoint some head to superintend the recruiting, and to command the corps of German volunteers, proposed to be raised, and Major Klein appearing to be a suitable office for that purpose, the board beg leave to report,
Major Klein having resided in America more than a year, and his circumstances and character being fully known to divers members of Congress the Board judged it unnecessary to mention the reasons of their recommending him to the office above mentioned.2
[Note 2: 2 This report, dated September 2, and prepared by Timothy Pickering, is in thePapers of the Continental Congress, No. 147, II, folio, 251.]
That Major Klein be appointed lieutenant colonel of the corps of German volunteers.
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Resolved, That Lieutenant Charles Juliat be permitted to serve as a volunteer in the infantry of General Pulaski's legion, and have the pay and subsistence of a lieutenant for his support:
At a Board of War,September 2d, 1778.
Present, Mr. Duer, Col Pickering, Mr. Peters.
The Board taking into consideration the Letter from Dr. Franklin herewith sent and having conversed with Mons Girard who agrees to serve as a Volunteer at his own Expense, but is desirous of having a Commission of a Lieutenant of Dragoons by Brevet to be made Use of in Case of his being made Prisoner by the Enemy: Agreed to report to Congress,
That Monsr. Girard be appointed to the rank of lieutenant of dragoons by brevet, and be permitted to join the army under General Washington as a volunteer, he having agreed to serve in that capacity at his own expence.1
[Note 1: 1 This report, in the writing of Richard Peters, is in thePapers of the Continental Congress, No. 147, II, folio 253.]
Resolved, That the intended expedition against the Senecas and other hostile tribes of the northern Indians, mentioned in the resolution of Congress, of the 11 June last, be for the present laid aside:
That General Washington be directed to pursue such practicable measures for the defence of the frontiers of the states exposed to the incursions of the northern Indians, as to him shall seem best adapted to present circumstances, calculated to check the ravages of the enemy, and to protect the distressed inhabitants of the said frontiers.
Resolved, That Samuel Ashe, Esq. take rank as captain of the first troop of North Carolina dragoons, from the 7th day of May, 1777:
That Benjamin Mills, Esq. take rank as lieutenant in the same troop, from the 15th of July, 1777:
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That William Buford, Esq. take rank as ensign in the same troop, from the 16 day of July, 1777; and that commissions be granted them accordingly.1
[Note 1: 1 These are based on a letter from the Board of War, dated August 15, prepared by Timothy Pickering, in thePapers of the Continental Congress, No. 147, II, folio 187.]
Ordered, That the report of the Board of War, on the representation of Colonel G. Morgan, be re-committed:
War Office,August 14, 1778.
Present, Mr. Duer, Mr. Peters, Mr. Pickering.
Colo. George Morgan, purchasing Commissary for the Western department, having represented to this board the necessity of preparing immediately for the laying up such magazines of provisions as shall be sufficient for the troops maintained for the defence of that frontier; the board desired information of the number of men necessary to be kept up there on the present plan, the posts at which they are stationed, and their use.
He accordingly presented such a state to the board, from which it appears that thirteen hundred men would be requisite for the above purpose. That to supply them with provisions ten months, or 304 days (viz from the first of Novr. 1778 to the 31st of August 1779,) it will require 617,500 lb of flour, a like quantity of fresh beef, or 494,000 lb of pork, including one quarter for accidents and waste. That the cost of these provisions, and the charges attending their purchase and transportation, will amount to 200,000 dollars, to which he has added 4,000 for 1500 gallons of whiskey. Colo. Morgan also at the request of the Board, procured from Mr. William Willson (whom he represented as well acquainted with them) an account of the present state of the western Indians, from which it appears. That the whole number who are hostile, do not exceed 330 fighting men; That these are settled from about 150 to 300 miles distance from Fort Pitt. That within the same distances, there are about double that number of Indians at present friendly.
Colo. Morgan is of opinion, that on account of these hostile indians, and the Northern tribes (the Senecas especially) it will be necessary to keep up the number of men before stated, except 150 of them proposed as the garrison of Fort Randolph, which being two hundred miles distant from the settlement of the inhabitants of Virginia, he thinks, is on the defensive plan, of little or no use; and even if offensive measures were meditated that 'tis of small consequence, its distance from the most hostile Indians being as great as that of Fort Pitt.
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From this view of facts which are particularly stated in the papers accompanying this report, the Board submit to Congress whether it is not expedient,
That Colo. George Morgan, Commissary of purchases for the Western department, be furnished with thousand dollars to enable him to form magazines of provisions for the use of that department the year ensuing--
The Board beg leave to add, that if it should be unnecessary to maintain such a number of troops on the frontiers, the provisions will be ready for any services down the Mississippi: But that unless measures are taken for forming the magazines immediately, it will be difficult, if not impossible to form them at all.
By order of the Board,
Tim. Pickering.
War Office,Sept. 17, 1778.
The Board have farther considered the subject of the foregoing report, and consulted Genl. Hand, who has lately returned from Fort Pitt; and are of opinion that the whole sum asked for by Col. Morgan, viz. two hundred and four thousand dollars, will be necessary to enable him to lay in the provisions requisite for the troops kept up on the western frontiers, and which must be maintained, to prevent the inhabitants abandoning their extensive settlements. This sum is the more certainly necessary as flour has been raised to an enormous price since the estimate was made.
By order of the Board
Tim. Pickering.1
[Note 1: 1 This report, in the writing of Timothy Pickering, is in thePapers of the Continental Congress, No. 147, II, folio 175. It is endorsed: "Read, 13 [3] September 1778, recommitted. Passed 1 December 1778."]
That the report of the Board of War, respecting Major Mullens, be referred to the Board of Treasury2.
[Note 2: 2 The report is a letter from the Board of War, dated August 29, and prepared by Timothy Pickering, and is in thePapers of the Continental Congress, No. 147, II, folio 229.]
A motion was made,
That Congress do, till the 1st November meet every morningin the week, sundays excepted at 9 o'clock, and sit till 2; and every afternoon,Sundays Wednesdays and Saturdays excepted, meet at 4 and sit till 9 o'clock.
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A motion was made to amend, by striking out the last 9, and instead thereof, insert 6; and the yeas and nays being required by Mr. [William Henry] Drayton:
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So it was resolved in the affirmative.
A motion was made to amend farther by striking out 4 and inserting 3, which was agreed to.
A motion was made to strike out 2 and insert 1.
And the yeas and nays being required by Mr. [Gouverneur] Morris:
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So it was resolved in the affirmative.
A motion was made to strike out first 9, and insert 5; which, on the question put, and the yeas and nays being required by Mr. [William] Duer:
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So it passed in the negative.
It was then moved to insert 8 instead of 9, and the yeas and nays being required by Mr. [Gouverneur] Morris:
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So it passed in the negative.
A motion was [made] to strike out the words "sit till" and insert "adjourn;" and after "1 o'clock" add "unless all the members present shall consent to continue sitting" and the yeas and nays being required by Mr. [Henry] Laurens:
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So it was resolved in the affirmative.
It was then moved to insert the words "adjourn at". instead of "sit till"; and after "6 o'clock" add, "unless it shall be determined by a majority to continue sitting", and the yeas and nays being required by Mr. [Samuel] Chase:
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Another amendment was moved to add "provided always there shall be no debate on the question for adjournment."
Question put, carried in the affirmative.
The question being put on the motion as amended; and the yeas and nays required by Mr. S[amuel] Adams:
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So it was resolved,
That Congress do till the first of November next, meet every morning at 9, and adjourn at 1 o'clock, unless all the members present shall consent to continue sitting; and every afternoon, Wednesdays and Saturdays excepted, meet at 3 and adjourn at 6 o'clock, unless it shall be determined by a majority to continue sitting; provided always, there shall be no debate on the question for adjournment.
A motion being made relative to "the requisition" of the Earl of Carlisle, Sir Henry Clinton, and William Eden, Esq. "respecting the troops lately serving under Lieutenant General Burgoyne," and relative to the removal of the said troops from their present place of confinement:
Whereas Congress did on the 13th day of January last Resolve in the manner following, to wit:
Whereas the Declaration of Lieutenant General Burgoyne in his Letter of the 14th November last to Major General Gates that the Public Faith is broke on the part of these States, and other Reasons set forth in the Resolution of Congress of the 8 January instant, compelled Congress to adopt Measures for securing the Performance of the Convention of Saratoga on the Part of the Court of Great Britain, whereby the Embarkation of Lieutenant General Burgoynes army has been necessarily suspended; and whereas the subsistance of that Army in the State of Massachusetts Bay is not only extremely burthensome to these States, but tends greatly to distress the Inhabitants of the Country, wherein they are quartered, and it is contrary to the Principles of Justice that these States should suffer Inconveniences from
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the Conduct of Lieutenant General Burgoyne, which could not be foreseen at the Time when the Convention of Saratoga was entered into.
Resolved, That General Washington be directed again to require of General Howe proper passports for Vessels to transport to Boston salted Meat, Flour, and Fuel necessary for the subsistance of Lieutenant General Burgoynes Army, during the time they shall be necessarily detained in the State of Massachusetts Bay in Consequence of the resolution of Congress of the 8th January instant, and that Genl Howe be informed that in case of his refusal to comply with this just Request, these States will not deem themselves answerable for subsisting General Burgoynes Army agreeable to the Terms of the Convention of Saratoga but shall think themselves at liberty to remove or separate the said Army to such Parts of the State of Massachusetts Bay as they may be conveniently subsisted in until the Convention of Saratoga shall be ratified by the Court of Great Britain, and properly notified to Congress.
And whereas General Howe has not only declined granting Passports but neglected to send Timely and Sufficient Supplies of Salted Meat, Flour, and Fuel for the Subsistence of General Burgoyne's Army, whereby the Prices of the Necessaries of Life have been enormously enhanced to the great Distress of the Inhabitants of the Town of Boston, and to the Injury of the Public.
Resolved that General Heath in concurrence with the President and Council of the State of Massachusetts Bay be directed forthwith to take immediate Measures for the Removal of the Convention Prisoners to such Parts of the Massachusetts Bay as in their Opinion they can be most conveniently furnished with Supplies, especially with the Article of Flour.
Resolved, that whenever General Clinton or the Commander in Chief of the British Army, shall grant the necessary Passports for American Vessels to transport salted Meats Flour and Fuel to Boston necessary for the Subsistance of the Convention Prisoners, or shall cause to be transported thither sufficient salted Meat, Flour and Fuel for that Purpose, Major Genl Heath in Concurrence with the President and Council of the State of Massachusetts Bay shall be authorized to remand the said Troops to their former Quarters.1
[Note 1: 1 This motion, in the writing of William Duer, is in thePapers of the Continental Congress, No. 36, I, folio 31. It is endorsed as "presented 3 September."]
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Ordered, That the consideration be postponed till three o'clock to morrow.
Adjourned to 9 o'Clock to Morrow.
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