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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 --TUESDAY, DECEMBER, 22, 1778
The President informed the house that Brigadier W. Thompson, agreeable to order, attended yesterday; that he had signified a desire to be indulged till Wednesday, as he is desirous of having some witnesses examined: Whereupon,
Ordered, That to morrow evening be assigned for proceeding on the charge against Brigadier W. Thompson, and that he be notified to attend with his evidence at 5 o'clock.
Ordered, That the secretary summon Samuel Smith, ∥Jun.∥ and notify Mr. [James] Searle to attend Congress at 5 o'clock on Wednesday evening, to give evidence on the charge against Brigadier W. Thompson.
On motion,Resolved, That the secretary be permitted to furnish Major General Lee with such extracts from the journal as relate to the proceedings of the general court martial on his trial, and confirmation of the sentence.
A letter, of 24 November, from Major General R. Howe, ∥was read,∥ enclosing one of 21 November, from Colonel White, in Georgia, informing, that the enemy have invaded that State, and are advancing with about 1,100 men.1
[Note 1: 1 The letter of Howe is in thePapers of the Continental Congress, No. 160, folio 499; that of White is on folio 503.]
A letter, of 20, from Colonel Armand, Marquis de Rouerie, was read:
Ordered, That it be referred to a committee of three:
The members chosen, Mr. [James] Duane, Mr. [William] Ellery, and Mr. [William] Carmichael.
A letter, of 21, from Mr. S. Deane, was read, informing Congress that he has committed to writing as particular
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an account of his agency of their affairs in Europe as his situation will permit him, and waits the pleasure of Congress to lay the same before them:
Resolved, That Mr. S. Deane be informed that Congress will meet this evening at six o'clock, to receive his information, and that he be desired to attend ∥at that time.∥
A letter, of 16, from General Washington, was read, enclosing a report of the commissioners by him appointed, to meet commissioners from Sir Henry Clinton, with other papers respecting the meeting; and informing that an exchange of prisoners has not taken place:1 Whereupon,
[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 152, VII, folio 1.]
Resolved, That Congress approve the proceedings of the Commander in Chief and the commissioners appointed by him in the negotiations at Amboy for exchange of prisoners:
Ordered, That so much of General Washington's letter as relates to the said negotiations, together with the papers enclosed, be published.
A letter, of 19, from Mons. de Francey, was read:2
[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 78, IX, folio 217.]
Ordered, That to morrow be assigned for considering the same.
A letter, of 18, from the Board of War, was read:
Ordered, That it be referred to the Board of Treasury.
A letter, of this day, from the Marquis of Britigny, was read:3
[Note 3: 3 This letter is in thePapers of the Continental Congress, No. 78, III, folio 225.]
Ordered, That Thursday next be assigned for taking into consideration the report on the memorial of the Marquis of Britigny.
A letter, of 19, from Hon. H. Laurens, late President, was read:
Ordered, That it be referred to the Board of Treasury.
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A letter, of 12, from General T. Mifflin, and one of 15, from Mr. President Rodney, of Delaware, were read.1
[Note 1: 1 Mifflin's letter is in thePapers of the Continental Congress, No. 161, folio 56; that of Rodney, in No. 70, folio 691.]
A memorial from Elizabeth Preston, was read:2
[Note 2: 2 This memorial, dated December 22, is in thePapers of the Continental Congress, No. 41, VIII, folio 66.]
Ordered, That it be referred to the Board of War.
Resolved, That a member be appointed to the Board of War, in the room of Mr. [Roger] Sherman:
The ballots being taken, Mr. J[esse] Root was elected.
A memorial from Thomas Mumford was read.
The Committee on the Treasury, to whom was re-committed their report on the memorial of Ephraim Blaine, deputy commissary general of purchases, with directions to state the facts specially, report,
"That it appears by a letter from the said Ephraim Blaine to Congress, dated the 27 March last, that he had purchased goods from George Kennedy, between the 3d October, 1777, and 9 February following, to the amount of six thousand dollars, for which he had engaged him to take payment in loan office certificates, on condition that such certificates should be procured for him before the first day of March, 1778:
That Kennedy applied to the commissary general before that day, but because Blaine's accounts were unsettled, he could not get a draught on the loan office for the certificates:
That Kennedy was yet willing to take certificates to bear date as above:
That there were other claimants under the like circumstances, who had not yet applied:3
[Note 3: 3 The four following paragraphs are in the writing of Thomas Edison.]
That the said letter, being referred to the Committee on the Treasury, they gave their opinion that it was by
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no means proper to antedate loan office certificates for the payment of a balance due from the public, and circumstanced as the case mentioned in the said letter:
That Mr. Blaine, on the 30 day of May following, presented a memorial to Congress, setting forth that he contracted with George Kennedy and others, for articles for the use of the army, in the months of October, November, December, and January, then last, to the amount of 17,500 dollars, for which he had promised them loan office certificates in payment; he therefore prayed for warrants on the loan office for certificates to that amount, to be dated on the first of January, then last, to enable him to fulfil his contract:
That the said memorial being referred to the Board of Treasury, they reported that they continued of the opinion they had before given on Mr. Blaine's letter, that it was by no means proper to antedate loan office certificates for the payments of those debts:
That, upon the said report being read in Congress, it was re-committed.
That they have therefore a third time taken the subject matter of the said letter and memorial into consideration, and, after mature reflection, retain the opinion they have repeatedly given, that antedated certificates ought not to be issued to satisfy the said demands:
and in support of such their Opinion, they beg leave to subjoin the following Reasons:
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[Note 1: 1 This report, dated December 19, is in thePapers of the Continental Congress, No. 136, II, folio 789.]
∥The report being read and considered,∥
Resolved, That Congress agree to the said report.
Another report from the Board of Treasury was read; Whereupon,
Resolved, That William Geddes, Esq. commissioner of one of the chambers of accounts, be empowered and requested to act as one of the commissioners of claims until the chambers of accounts can proceed to business.
Resolved, That the remainder of the report which respects the memorial of Captain John Sutton, be re-committed.
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Another report from the Board of Treasury was read; Whereupon,
Treasury Office,December 18, 1778.
The Committee on the Treasury beg leave to Report that application is made by Captain Cosmo Medici for Reimbursement for 18 Homes purchased by him for the North Carolina Troops.
That the Horses so purchased average at 335 78/90 Dollars each.
That by the Resolutions of Congress no more is allowed for each Horse than 150 Dollars.
That the Committee are informed that in many cases besides the present, larger Sums have been paid for Horses than the allowance limited by Congress.
The Committee therefore submit it to Congress, whether an additional allowance shall be made beyond the established price, in the settlement of the Officers Accounts, who have purchased Horses for the Cavalry.
Ordered, That a warrant issue on the treasurer in favour of the Marine Committee, for twenty thousand dollars, for the use of the navy board in the middle department; the said committee to be accountable:
Ordered, That a warrant issue on the treasurer in favour of John Millar, for one thousand dollars, in payment of a draught of Major General R. Howe, dated Charleston, South Carolina, 24 August, 1778, in favour of Captain Rawleigh Downman, and endorsed by him for that sum; it being agreeable to a letter of advice of the same date from General Howe, who is to be accountable.1
[Note 1: 1 This report, dated December 18, is in thePapers of the Continental Congress, No. 136, II, folio 779.]
Resolved, That the remainder of the report respecting an additional allowance beyond the established price, to be made to officers who have purchased horses for the cavalry, be postponed to Monday next; then to be taken into consideration.
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Six o'Clock, p. m.
The committee to whom were referred sundry letters from Major General Mifflin, late quartermaster general, brought in a report, which was read:
We your committee appointed by a resolve of the--September1 last upon sundry letters addressed to Congress by General Mifflin late Quarter Master General, beg leave to report.
[Note 1: 1 The resolution was dated August 17. See page 802,ante.]
That Congress on the eleventh of June last passed the following resolve vizt.:
Ordered, That General Washington be directed to order an inquiry to be made into the conduct of Major General Mifflin, late Quarter Master General, and the other officers who acted under him in that department, and if it shall appear, that the extraordinary deficiencies thereof, and the consequent distresses of the army were chargeable to the misconduct of the said Quarter Master General, or any of the said officers that a Court martial be forthwith held on the delinquents.
That it does not appear to your committee, that any proceedings have been since had thereupon. Your committee also beg leave to add, that during their consideration of this matter, information was given to them, supported by sundry affidavits, from which it appears probable, that during the winter 1777, and the spring 1778, when the army was in the suffering state before mentioned, sundry brigades of waggons in the public service were sent to New Windsor, Newburgh, Hartford, and Boston with flour and Iron on private accounts and brought back private property. That it also appears probable from said affidavits, that the said flour and Iron had been taken as for public use at the regulated prices then fixed by law, and that the waggons during such transportation, were subsisted at the different posts, on the public forage. That Colonel Robert Lettis Hooper, then and now deputy Quarter Master General, appears to have been the principal director of the said waggons at that time.
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Your committee therefore under all the circumstances of the case report, if the said resolution of the eleventh of June is to be carried into execution, the same should be done by a court of inquiry, and court martial in the usual manner, and that General Washington be directed to proceed accordingly, the parties concerned having reasonable notice.
Your committee also present to the House the affidavits they have taken and the Minutes of their Proceedings to be disposed of as Congress think proper.1
[Note 1: 1 The last paragraph is in the writing of John Witherspoon. The report is in thePapers of the Continental Congress, No. 19, IV, folio 81. It was adopted January 23, 1779.]
Ordered, That the consideration thereof be postponed.
The committee to whom was referred the letter of 13th, from General Washington, relative to Lieutenant Colonel Fleury, brought in a report, which was read:
Ordered, That the consideration thereof be postponed until the report from the Board of War respecting Brigadier du Portail, and the engineers who accompanied him, shall be taken up, and that both be considered together.
According to order, Mr. Deane attending, was called in, and proceeded to read his written information, but, not having time to finish,
Ordered, That he attend to morrow at 9 o'clock, and proceed in his information.
Adjourned to 9 o'Clock to Morrow.
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