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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, MARCH 23, 1779
Mr. N[icholas] Van Dyke, a delegate for the State of Delaware, attended and took his seat in Congress.
A letter from Abraham Wayne was read:1
[Note 1: 1 This letter, dated March 23, is in the Papers of the Continental Congress, No. 78, XXIV, folio 21.]
Ordered, To lie on the table.
A letter, of 21 February, from Chevalier de Cambray, was read, enclosing a receipt for powder received from Hewes & Co.
Also a letter, of 20 instant, from General Washington, was read, accompanied with the proceedings of a court martial on Colonel Steel, quarter master at Pittsburg:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 152, VII, folio 195.]
Ordered, That the same be referred to the Board of War.
Congress took into consideration the report of the committee on the cloathing department, and thereupon came to the following resolution:
Ordinance for regulating the Cloathing Department for the Armies of the United States.
There shall be a cloathier general, a sub or State-cloathier for each State, [and] a regimental cloathier.
The cloathier general is to be subject to the orders of the Board of War and the Commander in Chief. He is to furnish estimates of the supplies wanted for the army; to apply to the Commander in Chief and Board of War for assistance therein; to make returns of such estimates to them respectively; to receive all supplies imported from abroad, and purchased in the country by continental agents; to superintend the distribution thereof to the state cloathiers; to settle accounts with them at least
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every six months; to keep regular accounts of all the cloathing he shall receive, as well as of the distribution thereof among the state cloathiers; and to transmit his accounts twice in every year to the Board of Treasury, and settle them in the chambers of accounts when required; and generally to take care, on the one hand, that justice is done to the public, and on the other, that the army receive whatever shall be allowed to them in a regular, direct, and seasonable manner; and at the same time, so to act between the Continent and each particular State, that equal and impartial justice may be done on all sides.
The sub or state cloathier
A sub or state cloathier is to be appointed by each State respectively, to reside with or near the army, or such detachment thereof in which the troops of the said State may be, as the Commander in Chief shall direct, the better to know and supply their wants. The State appointing him is to be answerable for his conduct. In case of neglect or misbehaviour, he is to be displaced by the Commander in Chief, and his successor to be appointed by the State to which he belonged. He is to receive from the cloathier general the proportion of cloathing assigned for the troops of his State, out of the public cloathing imported or purchased by continental agents; and from the State for which he is appointed, all the cloathing which may, at continental expence, be purchased in such State; of the latter, their quality and price, he shall transmit exact accounts to the cloathier general, and, when required, submit the several articles to the inspection of the cloathier general, or any person for that purpose deputed by him; he is to issue all cloathing supplied as aforesaid to the regimental cloathiers, on returns signed
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by the commanding officers of regiments. He is to keep exact returns with each regiment, inspect those of the regimental cloathiers, see that the articles delivered them are duly issued to the troops; and that all the cloathing procured at continental expence, above the allowance made by Congress, drawn by non-commissioned officers and privates, is charged to them, and credited to the pay roll; and that the commissioned officers receive what is credited to them and no more. He is to keep exact accounts with the cloathier general in behalf of the public, charging the United States only with what is allowed to the officers and men. Whenever the troops of any State shall have received their proportion of cloathing1 from the continental stores, the supplies purchased at continental expence by the State to which they belong, or from both, and there shall remain a surplus which may be wanted for other troops not fully supplied, the sub-cloathier possessed thereof is to deliver over the surplus to such other State cloathier as the cloathier general shall direct, taking duplicate invoices and receipts from the State cloathier to whom they shall be transferred, one set of which he is to deposit with the cloathier general, and the other to retain as his own voucher: the cloathier general on his part making proper entries in his accounts, to do justice to all concerned.
[Note 1: 1 From this point the entries are made by George Bond, of the Secretary's office.]
When from a deficiency in the public stores, the troops of any State shall not have received their allowance of cloathing, the State cloathier is without delay to represent their wants, particularly enumerated in a return for that purpose, to the executive authority of the State to which he belongs, requesting a speedy and adequate supply.
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And in case a State, at its own expence, shall give and deposit with him any cloathing, for the more comfortable subsistence of its quota of troops, in addition to the allowance made by Congress, he is strictly to pursue the directions of such State, as well with respect to the distribution, as the vouchers for the delivery, and the manner and time of settling his accounts: transmitting once in every six months a copy of such accounts to the cloathier general, and as often, and whenever required, to the State to which he belongs.
The Regimental cloathier
The office of regimental cloathier shall always be executed by the regimental pay master. He is to be furnished by captains or officers commanding companies with returns, specifying the men's names, and the particular wants of each; these he is to digest into a regimental return; which, being signed by the officer commanding the regiment, and countersigned by himself, with a receipt upon it of the supplies delivered to the regiment, is to be lodged with the State cloathier, and become to him a voucher for the delivery in his settlement with the cloathier general. He is to keep an account with each officer and soldier for every article delivered, taking a receipt from them, as his voucher for the delivery: he is to credit them for the continental allowance, and to charge them for every thing they receive, making stop-pages in the monthly pay rolls for whatever they may fall in debt to the public beyond the allowance. And to prevent in future unequal distribution of cloathing, either to the officers or soldiers, and the confusion and complaints which have heretofore been occasioned by irregular applications from commanding officers of regiments to public agents in different posts, it is hereby strictly
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enjoined on those agents, the cloathier general, and the sub or state cloathiers, to issue no cloathing on any pretence whatsoever, but in the manner before prescribed: nor shall any article be credited to either of them on settlement of their accounts, which is not so issued and vouched.
And whereas discretionary changes of the uniforms of regiments have proved inconvenient and expensive: the Commander in Chief is therefore hereby authorized and directed, according to the circumstances of supplies of cloathing, to fix and prescribe the uniform, as well with regard to the color and facings, as the cut or fashions of the cloathes to be worn by the troops of the respective States and regiments, which shall, as far as possible, be complied with by all purchasing agents employed by the Congress, as well as particular States, by the cloathier general, sub or state cloathiers and regimental cloathiers, and all officers and soldiers in the armies of the United States. And where materials can be purchased instead of ready made cloathes, it shall always be preferred, in order that they may be made up by the taylors of the several regiments, to save expence and prevent the disadvantages which the soldiers frequently suffer from their unfitness; and instead of breeches, woollen overalls for the winter, and linnen for the summer, are to be substituted.1
[Note 1: 1 The first rough draft of this report, to this point, in the writing of James Duane. is in the Papers of the Continental Congress, No. 31, folio 59. A fair copy, also by Duane, is on folio 85.]
That the Board of War prepare and transmit instructions and forms, according to which the several cloathiers are to conduct the business and settle their accounts; and that the Board of War report to Congress the proper salaries or allowances to be made to the several cloathiers for their services.
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The Committee appointed to confer with the Commander in Chief, having in such conference taken into consideration the necessity of making provision for the Officers and Troops in the service of the United States, on account of the scarcity and high price of clothing, beg leave to submit the following resolution:
Whereas, Congress by an act dated the 26th of November, 1777, earnestly recommended to the several states from time to time to exert their utmost endeavours to procure, in addition to the allowance of clothing theretofore made by congress, supplies of blankets, shoes, stockings, and other clothing for the comfortable subsistence of the officers and soldiers of their respective Battalions, to be distributed in the manner therein prescribed: And that all clothing thereafter to be supplied to the officers and soldiers out of the public stores of the United States, beyond the bounties already granted, should be charged at such reasonable prices, or should be assessed by the Clothier General, and be in just proportion to the wages of the officers and soldiers: the surplus of the costs to be defrayed by the United States. But neither the articles of clothing so to be drawn, nor the price thereof, having been ascertained, nor a sufficient quantity of clothing procured to answer the good purposes of the said resolution,
Resolved, therefore, that the respective States be and they are hereby earnestly called upon to continue to exert their utmost endeavours to procure clothing and blankets for their respective quotas of Troops; the expence whereof to be charged to the United States in the manner hereafter mentioned.
That each State shall employ an agent to purchase such clothing, who shall be under the controul and direction of the executive authority of such State, take an oath for the faithful execution of his office, keep regular accounts of all the articles purchased by him and of the application thereof: And once in every six months settle his accounts with such Commissioners as shall be appointed by the executive authority of the State to which he belongs: being therein allowed such recompense for his services as shall be agreed upon by the said executive authority.
That the said agents shall from time to time deliver the clothing so purchased to the State Clothier, to be by him distributed, as also an account thereof, specifying the price paid for every article, and an estimate to be by him made upon his oath of office of the sterling value, cost or price of such articles.
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That the cost of such articles so to be bought as aforesaid, together with the charges thereon, shall be paid by the United States, except when the same shall amount to more than at the rate of fifty dollars for one pound sterling; in which case the said states shall be held to pay to the respective State no more than at that rate.1
[Note 1: 1 These two paragraphs are in the writing of Gouverneur Morris.]
That every commissioned officer in the army of the United States shall, during the war, be entitled to draw annually from the clothier General, or State clothier, the several articles of clothing hereafter specified; paying for the same on delivery at the rate of ten dollars for one pound Sterling: A plain regimental Coat, a cloth and a linen waistcoat, two pair of cloth breeches, six fine linen shirts, six cambrick or muslin stocks, a line caster hat, six pair of thread, or fine worsted hose, four pair of shoes, one pair of boots, one blanket.
That each non commissioned officer and private be allowed to draw the following articles of extra clothing paying for the same at the rate aforesaid viz: One shirt, one hunting frock, one woolen waistcoat with sleeves, one pair of woolen and one pair of linen overalls four pair of shoes; excepting noncommissioned officers and privates of the cavalry who may draw two only.
That the several state clothiers shall regularly transmit copies of the accounts and estimates of the State agents to the clothier General.2
[Note 2: 2 In the writing of Gouverneur Morris.]
That when neither the clothier general or State clothier shall have it in their power to deliver the articles above allowed or any of them to the officers requiring the same, they shall respectively give such officer a certificate of the articles due to him, and of the price at which such articles were last purchased; deducting what the officers ought to have paid had they been delivered: and the Commander in Chief on the production of such certificates, shall issue his warrant on the Pay Master General in favour of the officer for the amount, exclusive of such deduction.
That in case of detachments from the Army, the clothier general and state clothiers are enjoined to take especial care that both the officers and privates on such detachments are regularly supplied with their entire clothing, or in case of deficiency with certificates; and the privates with the clothing provided for them at continental expence, without waiting for their application; and in this respect the clothier general and state clothiers are to consult with the Commander in Chief
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and persue such regulations as he may find it necessary to establish in order to secure to detachments the advantages hereby provided for them: and the Clothier general, and state clothiers are respectively authorized, with the approbation of the Commander in Chief, to appoint assistants under them to deliver the clothing and to see justice done to the detachments; the assistants to receive such salaries as shall be agreed upon by the Board of War, with the advice of the Commander in Chief, and to take an oath for the faithful execution of their office.1
[Note 1: 1 This undated report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 33, folio 315. See a somewhat similar report printed under January 1, 1778, Vol. X, p. 10.]
A letter, of the 23d, from M. Clarkson, was read, representing, that as General Arnold has resigned his command in this city, his service is no longer required as one of his aids; and as he is desirous of serving his country in the army to the southward, which he proposes joining as a volunteer, therefore soliciting Congress that they would free him from the injunctions laid on him by their order of the 1st of February last: Whereupon,
A motion was made by Mr. [James] Searle, and seconded by Mr. [Edward] Langworthy, that the request of Major Clarkson in the said letter be complied with.
After some debate thereon, a motion was made by Mr. [Henry] Laurens, and seconded by Mr. S[amuel] Adams, that the further consideration of the said motion be postponed; and the yeas and nays being required by Mr. G[ouverneur] Morris,
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So it was resolved in the affirmative.
A motion was made by Mr. [Gouverneur] Morris, and seconded by Mr. [William Henry] Drayton, that Major Clarkson attend at the bar of the House to morrow at twelve o'clock; and that he be reprimanded from the chair, for the indecent language contained in his letter of the 27th of January last, to the president and council of Pensylvania.
On which the yeas and nays being required by Mr. [John] Jay,
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So it was resolved in the affirmative.
Adjourned to 10 oClock to Morrow.
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