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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 --MONDAY, JUNE 28, 1779
A letter, of 23, from General Washington, was read.1
[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 152, VII, folio 423.]
A letter, of 21, from Major General Gates, was read, enclosing copies of sundry letters that passed between him and General Washington.
Ordered, That the same be referred to the Board of War. A letter, of 19, from T. Jefferson, governor of Virignia, was read, enclosing an act of the council of that State, a copy of a letter of 29 April, from Colonel G. Clarke, and of one, of 4 June, from Colonel [Evan] Shelby:2
[Note 2: 2 Jefferson's letter is in thePapers of the Continental Congress, No. 71, I, folio 241; the enclosures are on folios 245, 247.]
Ordered, That the same be referred to a committee of three:
The members chosen, Mr. [Henry] Marchant, Mr. [John] Armstrong, and Mr. [Meriwether] Smith.
Ordered, That the said letters and papers enclosed be also referred to the Committee of Intelligence.
The Marine Committee, to whom was referred the paper signed Holker, and transmitted to Congress by the Minister of France on the 21st, respecting Francis Fleury, carried by force on board the armed shipGeneral Greene, brought in a report; Whereupon,
Resolved, That a copy of the said paper be transmitted to his excellency the President and the honourable the supreme executive council of the State of Pensylvania, that justice may be done in the premises.3
[Note 3: 3 This report and Holker's paper are in thePapers of the Continental Congress, No. 78, IX, folio 261.]
The committee to whom was referred the remonstrance and petition of the legislative council and general assembly of the State of New Jersey, brought in a report; Whereupon,
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Resolved, That when vacancies of commissioned officers happen in any of the regiments raised by the respective states for the continental army, notice thereof shall be given to the executive authority of the State to which the regiment belongs, by the commanding officer of such regiment, to the end that proper persons may be appointed to fill such vacancies, agreeable to the resolution of the 8th of March last, having due regard to the rules of promotion recommended by a resolution of Congress of the 24th of November, 1778.
Ordered, That a copy of this resolution be transmitted to Governor Livingston, and that he be informed, that it was judged expedient in the late arrangement of the army, to authorize the committee appointed for that purpose, in concurrence with the Commander in Chief, not only to dismiss supernumerary and unqualified officers, but to fill vacancies by promotion of good officers who had been appointed by the respective states, and stood fair for promotion in the proper line of succession; but if there has been any infringement of the right of the State of New Jersey, or any other State, by excluding good officers not supernumerary, or filling vacancies by new creations, Congress will be ever ready to redress any grievances of that kind when particularly pointed out.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in thePapers of the Continental Congress, No. 20, I, folio 313.
From this point the entries are in the writing of George Bond.]
The committee to whom was referred the memorial of Messrs. John Cox and Charles Petit, assistant quarter masters general, report that they have come to the following resolutions thereupon, viz.
That Congress cannot in any manner controul the legislature of New Jersey in the internal police of the said State:
That every inhabitant of a State ought of right to contribute to the public exigencies thereof, in proportion to the value of his estate, real and personal, within the same, whereon or however acquired.
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That it is not to be presumed that any citizen will be unjustly or oppressively taxed in any State, without remedy by appeal or otherwise within the same:
And, therefore, if the memorialists, who at present are only apprehensive of injury, from information respecting theSet aside by previous question tenor of the law referred to, shall conceive themselves aggrieved by their assessment when made, that in such case they should apply to the laws and government of New Jersey for redress.1
[Note 1: 1 This report, in the writing of Thomas McKean, is in thePapers of the Continential Congress, No. 19, V, folio 109.]
Resolved, That Congress agree to the said report.
Resolved, That it be earnestly recommended to the several states by the most speedy and vigorous efforts to fill up their respective battalions agreeable to the resolution of Congress of the 9 day of March last, that nothing may be wanting on their part to render the present campaign glorious and decisive.
Ordered, That this be forwarded to the states, with an extract of General Washington's letter of the 11th instant.2
[Note 2: 2 From the Secret Journals. It was entered by mistake in the general journal, but was stricken out. At this point Thomson resumes the entries.]
The delegates of Massachusetts bay laid before Congress an act of the legislature of that State, respecting their powers, which was read as follows:
State of Massachusetts Bay
In the House of Representatives,June 10, 1779.
Whereas inconveniences may arise in consequence of a resolve of the general court of the 15th of October last, which requires that three of the members chosen to represent this state in Congress should be present, in order to exercise the powers with which by that resolve they are vested; therefore,
Resolved, That any two of the gentlemen chosen to represent this state, or when more are present in Congress, a major part of the same be, and they are hereby empowered, for and in behalf of this state, to exercise all the powers which in the said resolve of the 15th of October
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are particularly mentioned; although it is still expected that four of the said gentlemen constantly attend upon the business of their delegation.
Sent up for concurrence,
J. Hancock,Speaker.
In council, June 15, 1779, read and concurred,
John Avery,Deputy Secretary.
Consented to by the major part of the council.
True copy. Attest.
John Avery,Deputy Secretary.
Ordered, That Mr. [Daniel of St. Thomas] Jenifer have leave of absence.
Adjourned to 10 oClock to Morrow.
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