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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 28, 1779


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Journals of the Continental Congress, 1774-1789
TUESDAY, DECEMBER 28, 1779

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A letter, of 26 November, from the president of New Hampshire, was read, accompanied with a copy of "an act to allow appeals to Congress in certain maritime causes," passed by that State:

Ordered, That the said copy be referred to the Committee on Appeals.

A letter, of 29 November, from the council of Massachusetts Bay, was read, accompanied with the proceedings of a committee appointed by the legislature of that State "to investigate the causes of the failure of the expedition to Penobscot, and to examine into the conduct of the commanders by land and sea employed in the said expedition,"2 &c.

[Note 2: 2 The New Hampshire letter is in the Papers of the Continental Congress, No. 44, folio 191; the Massachusetts proceedings are in No. 65, II, folio 17.]

Ordered, That the minutes of the said proceedings lie on the table for the perusal of the members.

A letter, of 20th, from Nathan Denison, was read:

Ordered, That it be referred to the Board of Treasury.

A letter, of 27, from Don Juan de Mirailles, was read:


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Ordered, That it be referred to the Board of Admiralty, to take order thereon.

A letter, of this day, from Captain Galvan, was read, soliciting the rank of lieutenant colonel in the army of the United States:1

[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, X, folio 191.]

Resolved, That Captain Galvan be informed his request cannot be complied with.

On motion of Mr. [James] Forbes, seconded by Mr. [John] Fell,

Resolved, That hereafter all applications for promotion in the army of the United States of America be made to the Board of War, and all applications for promotion in the navy to the Board of Admiralty, and that they report to Congress.

The Board of Treasury, to whom was referred a memorial of Captain Joseph Baldesqui, pay master to Brigadier Count Pulaski's legion, report,

That by a certificate of Messrs. Johnson and Howell, auditors of the main army, dated at West Point, the 24 August, 1779, accompanying the said memorial, it appears that Captain Baldesqui has duly and regularly settled his accounts, as pay master to Count Pulaski's legion, to the first day of March last; and that on the whole of the evidence before the Board, they are of opinion he has discharged his duty with strict integrity and honor:

Resolved, That Congress concur in the said report.

Ordered, That the report of the Board on the accounts of Benjamin Randolph, be re-committed.

The Board, having examined the account of Benjamin Randolph against the Honble John Jay, Esq,, late President of Congress, referred to them the 24 instant, beg leave further to report:


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That as no contract was made with M: Randolph, the Board on the above State submit the following Resolution:

That a warrant issue on the Treasurer in favor of Benjamin Randolph fordollars and90ths in payment for the use of his House and furniture from the 14 of December, 1778, to the 25 of March, 1779, for Repairs of damage done to the same, and for sundry Liquors and Provisions furnished by him to M: Jay, late President of Congress, while the said House was occupied by him.1

[Note 1: 1 This report, dated December 27, is in the Papers of the Continental Congress, No. 136, III, folio 931. The Randolph account was passed by the Board of Treasury, January 7, 1780.]

The Committee on the Post office brought in a report, which was read; Whereupon,

Resolved, That the rate of postage, until the further order of Congress, be twenty prices upon the sums paid in the year 1775:

That single letters, directed to any officer of the line, and all letters directed to general officers or to officers commanding in a separate department, [and all letters to and from the ministers, commissioners and secretaries of these United States at foreign courts, be free.]2

[Note 2: 2 The remainder of this day's entries was made by George Bond. The words in brackets were not in the original report, which is, in the writing of Cyrus Griffin, in the Papers of the Continental Congress, No. 61, folio 453.]

Congress took into consideration the report of the committee to whom was referred the letter of 2d November last, from the governor of Connecticut; and, thereupon,


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Resolved, That Congress entertain a just sense of the great and effectual exertions of the State of Connecticut in the common cause, and of the readiness with which they have executed the measures recommended to them:

That as any alteration in the quotas established by the resolution of the 7 of October last, would probably be productive of confusion and embarrassment, it be recommended to the said State to raise the quota therein assigned to them, confiding that due attention will in future be paid to the circumstances mentioned in Governor Trumbull's letter of the 2d of November last:

That Congress are earnestly disposed to do full justice to every State in the liquidation and allowance of all regular and necessary expenditures, and have established the means of adjusting and settling all accounts of the respective states with the United States, in order that due attention may be seasonably paid to that object; but cannot in the present critical posture of affairs, assent to the retaining of any part of the taxes raised for general use, as an example of that kind might involve the most fatal consequences:

That it be recommended to the said State, and to every other State similarly circumstanced, to refrain from calling out and stationing Militia, except in Cases of indispensable necessity, in order that every Expense not essential may be retrenched and avoided, and the Community better enabled to furnish the necessary Supplies for carrying on the War.

That continental pay and rations, agreeably to the resolutions of the 2d and 6th of June, 1778, be allowed for the service of the militia which shall appear to have been necessarily employed for the defence of the said state, between the first day of April and first day of November last:1

[Note 1: 1 This report, in the writing of William Churchill Houston, is in the Papers of the Continental Congress, No. 20, I, folio 285.]


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On passing the last of the foregoing resolutions, the yeas and nays being required by Mr. [James] Forbes,

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So it was resolved in the affirmative.

Adjourned to 10 oClock to Morrow.

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