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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 --WEDNESDAY, APRIL 14, 1779
A petition, from Margaret Peele, was read, desiring leave to go into New York.
The committee appointed to confer with the joint committee of the legislature and supreme executive council of Pensylvania, reported, that the following resolution was offered by the said joint committee, in order that the sense of Congress might be taken thereon, viz.
"Resolved, That in the execution of any resolve of Congress recommended to Legislative or Executive authority of any State, it is the duty of every Officer in the continental service on reasonable notice to attend any such authority and give them all legal and reasonable information, or decently and respectfully to signify the reason of nonattendance, of which the said authority shall judge.
"Resolved, That the power granted to the executive authority of the states in the union by the resolve of the 21st of August, 1778, was an exclusive authority; and that the
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official or authoritative exercise thereof by any officer of the United States, or other person, is derogatory and dangerous to the interests of the states:"1
[Note 1: 1 These resolutions are in the Papers of the Continental Congress, Miscellaneous.]
The same being taken into consideration, a substitute was moved by Mr. G[ouverneur] Morris, and seconded by Mr. S[amuel] Adams, as follows:
Whereas Congress, on the twenty first day of August last, did resolve, that when any persons are desirous of going within the enemy's lines, they shall apply to the executive powers of the State to which they belong, and if the said executive powers approve the motives and characters of the persons applying, and shall be of opinion, especially at so critical conjunctures as the present, that no danger will ensue by granting such permission, that they recommend them to the officer commanding the troops next to the enemy, who, upon such recommendation, may, at his discretion, permit the persons to go in.
For the better execution of the said resolution,
Resolved, That any officer who shall permit a person to go within the enemy's lines, without such recommendation, or the orders of the Commander in Chief, or the commander of a separate department, and shall thereof be duly convicted before a court martial, shall thereby forfeit his commission.
On the question to agree to this as a substitute, the yeas and nays being required by Mr. [Gouverneur] Morris,
Resolved in the affirmative, every member answering ay.
A motion was then made by Mr. [Thomas] Burke, seconded by Mr. [John] Armstrong, after "or the orders," to insert the words "or authority :"
On which the yeas and nays being required by Mr.[Thomas] Burke,
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So it passed in the negative.
On the question to agree to the substitute as a resolution:
Resolved in the affirmative.
A letter, of 12, from General Washington, was read, enclosing a letter to him from Major Harnage, in behalf of himself and Captain Hawker, both of the 62d regiment, British, requesting permission for himself and his family, with Captain Hawker, to go by way of Rhode Island to New York, and from thence by water to Fredericksburgh, or any town nearest to Charlotteville, to join the troops of the convention: also enclosing the proceedings of the court martial held by order of Congress, upon the officers of the elaboratory, and deputy quarter master at Springfield;1 Whereupon,
[Note 1: 1 Washington's letter is in the Papers of the Continental Congress, No. 152, VII, folio 247; that of Harnage is on folio 251.]
Resolved That General Washington be informed that Congress cannot agree to Major Harnage and Captain Hawker's
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going to Virginia in the way proposed and requested, but have no objection to their remaining where they are.
Ordered, That the proceedings of the court martial be returned to the Commander in Chief, and that he take such order thereon as he shall judge proper.
It being represented to Congress that the general assembly of the State of Massachusetts bay, have authorized and directed the board of war of the said State, to purchase flour and grain for the use of the inhabitants thereof, who are greatly distressed by the want of bread:
Resolved That it be, and hereby is, recommended to the executive powers of the states of Virginia, Maryland, Delaware, Pensylvania, New Jersey, and New York, to permit the exportation of such flour and grain as has been or may be purchased within the said states respectively, under the direction of the said board of war, if authorized as aforesaid.
A motion was made by Mr. [Henry] Laurens, seconded by Mr. S[amuel] Adams,
That two members be appointed on the committee which was appointed to confer with the Commander in Chief, in the room of Mr. [James] Duane and Mr. [Jesse] Root:
And on the question to agree thereto, the yeas and nays being required by Mr. [John] Jay,
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So it passed in the negative.
A motion was made by Mr. G[ouverneur] Morris, and seconded by Mr. [Thomas] Burke, in the words following:
Whereas the subsistence money allowed to the officers of the United States, by a resolution of the 2d day of June last, hath become insufficient for their support, by the rapid increase of the prices of the necessaries of life; therefore,
Resolved That it be recommended to the several legislatures to make provision for supplying the officers of their states respectively with the articles at and after the rates following, viz. West India rum two-thirds of a dollar per gallon, Muscovado sugar at half a dollar per pound, coffee at half a dollar per pound, tea at one dollar and two-thirds per pound, and chocolate at half a dollar per pound;
Provided, that a Colonel, Lieutenant Colonel, or Chaplain of a Brigade shall be entitled to draw only six gallons of Rum, either four pounds of Coffee or Chocolate, or one pound of tea and twelve pounds of Sugar monthly; A Major or Regimental Surgeon, only four gallons of Rum, either three pounds of Coffee or Chocolate, or three quarters of a pound of tea and eight pounds of Sugar monthly, a Captain, three gallons of Rum and other articles as a Major; and a Lieutenant, Ensign or Surgeons Mate, two gallons of Rum, either two pounds of Coffee or Chocolate, or one half of a pound of tea and six pounds of Sugar monthly. And further that such states as have already made provision for their be requested to adapt their regulations and Prices to those abovementioned, for the purpose of placing all the
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officers of the Continental Army, upon an equal footing. For which purpose it is further Resolved that an agent be appointed to supply with the articles and at the rates, and under the provisoes aforesaid such officers as do not belong to any particular State at the expence of the United States.1
[Note 1: 1 This motion, in the writing of Gouverneur Morris, is in the Papers of the Continental Congress, No. 31, folio 53.]
And that an agent be appointed to supply the officers not belonging to any particular State at and after the same rates, at the expence of the United States, according to such rules and regulations as the Commander in Chief shall frame and direct.
On motion of Mr. [William] Ellery, seconded by Mr. S[amuel] Adams, that the consideration thereof be postponed till to-morrow.
The yeas and nays being required by Mr. G[ouverneur] Morris,
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So it passed in the negative.
After debate, on motion by Mr. [Samuel] Holten, seconded by Mr. S[amuel] Adams,
Resolved, That it be referred to the committee appointed to confer with the Commander in Chief.
Resolved, That Dr. Joseph Gardner be appointed a signer of the continental bills of credit.
Adjourned to 10 oClock to Morrow.
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