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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 --SATURDAY, JANUARY 23, 1779
Mr. [Fredrick] Frelinghausen, a delegate from New Jersey, attended.2
[Note 2: 2 Although Thomson generally writes the name thus, I have substituted the proper spelling in the subsequent entries.]
A letter, of this day, from J. Wadsworth, was read, respecting the methods taken to evade the law made by Pensylvania against distilling grain, &c:
Ordered, That it be referred to the committee appointed to superintend the departments of the quarter master and commissary general of purchases, and that they prepare a recommendation to the several states on the subject, and report on Monday.
Resolved, That a member be added to the said commitee:
The member chosen, Mr. F[rancis] L[ightfoot] Lee.
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A letter, of 21, from General Washington, was read: Whereupon,
Resolved, That Colonel Rawlings and such of the officers of his corps as shall be appointed by the Commander in Chief, forthwith recruit three companies of that corps to the full complement:
That the volunteers be inlisted for the war, and ordered to repair to Fort Pitt:
That each able bodied recruit who shall pass muster, shall be allowed such bounties as are or shall be granted by Congress for recruiting the army for the ensuing campaign; and that the Board of War take proper measures for carrying this resolution into effect.
A letter, of 6, from Major General Phillips, was read, requesting leave to go into New York, and to be permitted to remain there six weeks: Whereupon,
Resolved, That, however willing Congress are to soften the rigors of war by granting every indulgence to officers who are prisoners, yet justice to their own officers, who axe all summoned into New York, forbids their granting Major General Philips's request.
Ordered, That the Commander in Chief be directed to order Major General Philips immediately to repair to the place of his destination in Virginia.
A letter, of 19th, from Colonel J. Beatty, commissary of prisoners, was read, with sundry papers enclosed:1
[Note 1: 1 The Washington letter is in the Papers of the Continental Congress, No. 152, VII, folio 45; that of Phillips in No. 57, folio 345; that of Beatty in No. 78, III, folio 265.]
Ordered, That they be referred to the committee appointed to confer with the Commander in Chief.
The Committee appointed to confer with the Commander in Chief beg leave to report the following resolution:
Whereas, great inconveniences have arisen from the variety of characters thro' which the business of exchanging marine prisoners
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hath been conducted, and the Commissary of Prisoners is thereby greatly embarrassed in the execution of his office,
Resolved, therefore, that the whole business of exchanging prisoners be transacted through the medium of the Continental Commissary of Prisoners.
That in all eases where prisoners are captured by Continental vessels of War they shall be maintained at the publick expense and exchanged on the same general principles as prisoners of the Continental line: But when captured by State or private vessels of War they shall be exchanged for the benefit of the particular State in whose service they were taken. That supplies for prisoners in both instances shall be provided at the charge of the United States. That the Agent for prisoners residing with the enemy shall ascertain the prisoners, whether marine or civil persons, of each State, and Keep regular accounts of the quantity of provisions and necessaries delivered to them respectively, and transmit them to the Commissary of prisoners, in order that the amount may be charged to each respective State whose prisoners are so maintained. That the Commissary shall correspond and Keep accounts with an Agent to be appointed by each State or (until an Agent is appointed) with the executive authority, respecting the prisoners taken and to be exchanged; And they shall mutually furnish each other with the names quality and situation of prisoners in each respective State taken from the enemy, and of the marine or private prisoners of such State in the hands of the enemy, and enter into mutual responsibility for the prisoners taken and exchanged, that publick faith may be preserved, and cartels or agreements for exchanges be carried into full effect.1
[Note 1: 1 This report, without date, in the writing of James Duane, is in the Papers of the Continental Congress, No. 33, folio 311. It is indorsed "Recommitted." It is inserted at this point merely because of the subject-matter, for there is nothing to show that it was suggested by Beatty's letter.]
A letter, of 22, from J. Reed, president of Pensylvania, was read, desiring that the papers relative to Miss Levy, which were transmitted to Congress, on 20 October, by the Council, be returned:2
[Note 2: 2 Reed's letter is in the Papers of the Continental Congress, No. 69; I, folio 583.]
Ordered, That the said papers be returned.
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Congress took into consideration the report of the committee on sundry letters from Major General Mifflin, late quarter master general, which was read, as follows:
"We, your committee, appointed by a resolve of the 17 August last, upon sundry letters addressed to Congress by Major General Mifflin, late quarter master general, beg to report,
"That, upon perusal of sundry letters wrote by your Commander in Chief during last winter, and by your committee then sitting in camp, it appears that the troops suffered very great and sore distress in the articles of provisions, forage, and camp transportation; that the said distress is therein ascribed to the neglect, deficiencies, or other mismanagement of the said department:
"That Congress on the 11 June last, passed the following resolve, viz.
That General Washington be directed to order an enquiry 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, Newburg, Hartford, and Boston, with flour and iron on private accounts, and brought back private property; that it also appears probable from
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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:
"Your committee, therefore, under all the circumstances of the case, report, if the said resolution of the 11 June is to be carried into execution, the same should be done by a court of enquiry 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 See under December 22, 1778.]
Whereupon,
Resolved, That Congress agree to the said report.
Ordered, That a copy thereof, together with the affidavits, &c. therein mentioned, be transmitted to the Commander in Chief.
Congress took into consideration the letter from Count Mountfort, major in Count Pulaski's legion, desiring leave to resign his commission, in order to return home, on account of his private affairs: Whereupon,
Resolved, That his resignation be accepted, and that he be allowed his usual rations for the space of two months, provided he shall not embark before the expiration of that time.
Congress took into consideration the report of the committee appointed to confer with the Commander in Chief: Whereupon,
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Resolved, That the army infantry of these United States, for the next campaign, shall be composed of 80 battalions consist of the number of battalions and men ascertained by a committee of arrangement and approved by Congress,on the day of.
3 of N. Hampshire; 15, Massachusetts bay; 2 Rhode island; 8 Connecticut; 5 N. York; 3, New Jersey; 11 Pensylvania; 1 Delaware; 8 Maryland; 11 Virginia; 6 N. Carolina; 6 S. Carolina; 1 Georgia; each of the said battalions to consist of the number of commissioned and non commissioned officers and privates established by an act of Congress, passed on the 27 day of May. last.1
[Note 1: 1 This paragraph is written in the margin of the Journals.]
Resolved, That the Commander in Chief be authorized and directed to take the most effectual measures, to reinlist for the continuance of the war, all such of the continental troops as are not expressly engaged for that period, as well as for raising new recruits in the United States, to complete the battalions to their proper complement; and for those purposes, besides the bounties of cloathing, and at the expiration of the war, of money and land heretofore provided by Congress, for encouraging the recruiting service, to grant to each able bodied soldier now in the service, and who shall voluntarily re-inlist during the war, a bounty according to the circumstances of his present engagement, but not to exceed in any case 200 dollars; and to each new raised recruit who shall inlist in any of the continental battalions during the war, such a bounty as the Commander in Chief shall judge proper, but not to exceed two hundred dollars.
Resolved, That there be allowed to the officers to be appointed to re-inlist during the war such of the soldiers as are not engaged for that period, and to the officers to be appointed to recruit the new levies in the country respectively, such reward as the Commander in Chief
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shall think fit, in the first case not to exceed 10 dollars, nor in the last 20 dollars for each able bodied man who shall pass muster, with three dollars per day for his expences whilst in the recruiting service.
And whereas the partial bounties heretofore granted by the Legislatures of the respective States for recruiting their Quotas of Men in the Continental Army have, altho' well intentioned, occasioned a Competition hurtful to the Service and productive Rejected. Recommitted, March 9, 1779. of Dissatisfaction and Complaints, And whereas by the blessing of divine Providence the extraordinary exertions of the several States individually are in this respect no longer necessary, And the Bounties now granted by Congress being sufficiently liberal,
Resolved, That it be recommended to the Legislatures of the respective States to revoke all bounties now subsisting by virtue of any of their Laws for Encouraging the Recruiting service in the Continental Army; And to refrain from granting any such Bounties for the future.1
[Note 1: 1 The marginal references are not clear, save to show that this paragraph was recommitted. In No. 33, folio 279, is a report, in the writing of James Duane, without date or indorsement, which may refer to the subsequent action of the committee on this subject. It was as follows:
"The Committee appointed to confer with the Commander in Chief: beg leave to offer the following report:
"That they have reconsidered the resolution offered to Congress and since recommitted, for recommending to the United States to desist from granting partial bounties to the troops to be recruited for the war; And that they adhere to their former opinion that the said resolution is salutary and will promote the publick service.
"The Committee not having completed the business committed to them beg leave to sit again."
See under March 9, 1779, post.]
Resolved, That the Commander in Chief be authorized and directed to superintend the Operations from Fort Pitt, for the Security of the Western frontiers and the Annoyance of the Enemy; and from time to time to give such orders respecting the same as he shall judge expedient.
Resolved, That the Commander in Chief do in future consider the Northern Department to be equally under his Direction and Superintendence with the other Departments respectively; and that he establish such Posts, and station the Troops in such manner in the said Departments respectively, as the good of the Service may from time to time require.
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Resolved, That the Commander in Chief be directed to superintend and direct the military operations in all the departments in these states, subject to the regulations and orders of Congress, from time to time, which are to be transmitted to the Commander in Chief, and by him to the departments for which they shall be calculated, except in cases of evident necessity, when they may be sent directly to the commanding officer of the department, advising the Commander in Chief thereof.
Resolved, That the commissary of prisoners reside at the head quarters of the army; that he shall make no exchange of prisoners but such as shall be directed by Congress, the Board of War, or Commander in Chief, or with respect to marine prisoners, by the Marine Committee:
That all future instructions respecting his department, shah be transmitted to him through the Commander in Chief:
That whenever the commissary shall think it necessary to send a flag into the enemy's lines with provisions for the prisoners or on any other business, he shall make application to the Commander in Chief, who will judge of the cause and the propriety in point of time and other circumstances.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, no. 33, folio 269. It is endorsed as brought in on January 17, and ends by a request from the committee for "leave to sit again."]
Resolved, That the director general ∥ of the medical department ∥ be authorized and instructed to enjoin the several deputy directors, physicians, and surgeons general and other officers under his superintendence, to attend and perform such duties at any post or place, as a change of the position of the army, or other circumstances, may, from time to time, make necessary, and shall be required by the Commander in Chief, notwithstanding such deputy
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director, physician, or surgeon is, by the general arrangement of the hospitals, attached to a particular department; and that in case of any dispute concerning their seniority or precedence, the director general shall determine the same in the first instance, the party supposing himself aggrieved being at liberty to appeal for redress to the Medical Committee.
Resolved, That the director general be authorized and instructed to supply, for the use of the regimental surgeons, such medicines and refreshments as may be proper for the relief of the sick and wounded before their removal to a general hospital, and to be dispensed under the care and at the discretion of the physician and surgeon general of the army.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 33, folio 277.]
A report from the Board of War on the department of the inspector general, was read, and after debate:
At a Board of War, January 21, 1779.
Present, Col Pickering, Mr Lee, Mr Root and Mr Peters.
The Board in consequence of their being directed to proceed in the business of the Committee of arrangements, having perused and considered the report of the Committee of Congress on the subject of the Department of the Inspector General, which was submitted to the Commander in Chief for his opinion thereon, and having also considered General Washington's objections to such parts thereof as he thought improper, and his proposed alterations and amendments [both the said report and observations of the General having been referred to the Committee of Arrangements who have not reported thereupon] have formed the following plan, with no substantial variations from General Washington's sentiments, which being (in our opinion) most adapted to the situation and temper of our army, the Board have for the most part adopted where ever they differed from the report of the Committee. They therefore beg leave to submit to Congress the following resolutions:2
[Note 2: 2 The resolutions are printed under February 18, post. Washington's observations on the Inspectorship are in the Papers of the Continental Congress, No. 152, VII, folio 235.]
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Ordered, That it be referred to the committee appointed to confer with the Commander in Chief.
The Committee on the Treasury brought in a report; Whereupon,
Treasury Office January 23d 1779.
The Committee on the Treasury beg leave to report the following Resolution
That Forty Millions of Dollars be borrowed on the faith of the United States at an annual interest of Six prcent, and that for this purpose Loan Office Certificates of the following denominations be forthwith struck and sent to the Continental Loan Offices under the direction of the Board of Treasury:
That a warrant issue on the Treasurer in favor of Frederick Bicking, paper maker, for Two Thousand Dollars advanced him on account.
That an additional auditor of accounts be appointed in the grand army.
That four auditors of accounts for separate commands of the army be appointed, each with power and authority to settle accounts in those commands respectively according to the rules and regulations established for the Auditors in the grand army.
That they respectively take their stations from time to time by advice of, and correspond with, receive instructions from, and make monthly returns of their proceedings to the Board of Auditors in the
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grand army, which Board, so often as they shall judge necessary, for uniformity and dispatch of business, shall visit by one of their members, the Offices of the Auditors in the respective commands.1
[Note 1: 1 This report, dated January 23, is in the Papers of the Continental Congress, No. 136, III, folio 53.]
That Tuesday next be assigned for electing the said auditor.
Resolved, That the consideration of the remainder of the report be postponed to Monday.
A letter, of this day, from J. Clark, one of the auditors in the army, was read, recommending Mr. W[illiam] Bedlow, as a proper person to be appointed an auditor in the main army.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, V, folio 307.]
Adjourned to 10 o'Clock on Monday.
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