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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, NOVEMBER 16, 1779
Mr. Philip Schuyler, a delegate for the State of New York, attended, and produced a notification of his appointment, which was read, as follows:
State Of New York,
Camp, Head Quarters, Fishkill,
29th Oct'. 1779.
I do hereby certify that the honorable Philip Schuyler, Esquire, is duly nominated and appointed one of the Delegates of this State in the Congress of the United States of America; and that his being unprovided with a Commission in due form of Law is owing to my being in Camp; whereby I am incapacitated to put the Seal to it at present: But that the same will be expedited to him with all possible Dispatch.
Geo: Clinton, Govr.
Attest,
RobT. Benson, Secty.1
[Note 1: 1 The original is in the Papers of the Continental Congress, New York, Credentials of Delegates. See under November 20, 1779, post.]
A letter, of 5, from the governor of Rhode island, &c. was read.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 64, folio 458.]
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The Marine Committee having communicated to Congress a paragraph of a letter from J. Beatty, commissary general of prisoners, informing, "that there are some Spaniards on board the prison-ship at New York, whose necessities call for our support;"
Resolved, That the commissary general of prisoners be directed, until the further order of Congress, to make the same provision for the Spanish prisoners in New York as is made for the prisoners of the United States, keeping a separate account thereof.
The committee to whom was referred a letter of the 21 September last, from the council of Massachusetts Bay, report the following resolution:
" That although Congress have the highest sense of the zeal and exertions of the State of Massachusetts Bay, in the common cause, and are at all times disposed to give them every possible proof thereof, yet in the present situation of the general treasury, and from the pressing necessity of a full and punctual payment of the taxes required for the prosecution of the war, their request to retain the 6,000,000 of dollars mentioned in their letter of the 21st of September last, cannot be complied with."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 51.]
On the question to agree to the said resolution, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it was resolved in the affirmative.
A memorial from B. Flower, commissary general of military stores, was read:1
[Note 1: 1 This memorial, dated November 15, is in the Papers of the Continental Congress, No. 41, III, folio 208.]
Ordered, That it be referred to the committee appointed to consider what allowance ought to be made to the officers in the different departments of the army, to whom the provision of 18 August does not extend.
Ordered, That a member be added to the said committee, in the room of Mr. [Samuel] Atlee:
The member chosen, Mr. [Philip] Schuyler.
Resolved, That two members be added to the committee on the muster master general's department, in the room of Mr. [Henry] Laurens, and Mr. [Joseph] Spencer, who are absent:
The members chosen, Mr. [George] Partridge and Mr. [Woodbury] Langdon.
The committee on the quarter master and commissary general's departments, laid before Congress a letter of 1st, and one of 9th, from J. Wadsworth, commissary general of purchases; Whereupon,2
[Note 2: 2 These letters are in the Papers of the Continental Congress, No. 78, XXIV, folios 109 and 117.]
Resolved, That the rum and sugar belonging to the public be delivered over to the committee on the commissary and
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quarter master general's departments, to be disposed of in such manner as they may, from time to time, direct, excepting such parts thereof as the Marine Committee may think necessary for the use of the continental navy.
Ordered, That the letter of the 9th be referred to the Board of Treasury.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the treasurer, in favour of Mr. W[oodbury] Langdon, one of the delegates for the State of New Hampshire, on his application, for four thousand dollars; for which the said State is to be accountable.
That a warrant issue on the treasurer, in favour of Mr. Benjamin Armitage, superintendant of the paper mill, for one thousand five hundred dollars on his application; for which he is to be accountable.
That a warrant issue on the treasurer, in favour of Mr. Richard Philips, steward to the President of Congress, for five thousand dollars; for which he is to be accountable.1
[Note 1: 1 This report, dated November 16, is in the Papers of the Continental Congress, No. 136, III, folio 813.]
The commissioners report,
That there is due to the Rev. Mr. W. White, his salary as chaplain to Congress, from the first of October, 1778 to 1 October, 1779, together with his allowance of rations, one thousand and eighty five dollars.
That there is due to Thomas W. Collins, for engrossing commissions, two hundred dollars:2
[Note 2: 2 This report, dated November 16, is in the Papers of the Continental Congress, No. 186, III, folio 809.]
Ordered, That the said accounts be paid.
A report from the Board of War was read; Whereupon,
Resolved, That in addition to the sub-cloathiers appointed by virtue of the ordinance of March 23d, 1779, for regulating
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the cloathing department, the cloathier general, with the approbation of the Board of War and the Commander in Chief, appoint a sub-cloathier to receive from the cloathier general and the several sub-state cloathiers, the proportion of cloathing assigned the artillery, cavalry, artificers and corps composed of troops from different states, according to the general estimate, and to cause such cloathing to be distributed to the officers and soldiers of the several corps aforesaid, and in all other respects to govern his conduct in the execution of the said business agreeably to the regulation of Congress of the 23 of March, A.D. 1779, respecting the sub-cloathiers.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, II, folio 581. The action was instigated by a letter of Washington to the Clothier General, dated October 8, 1779.]
Resolved, That it be recommended to the several states to allow the corps of artificers established by Congress the 12th inst. all the benefits provided for officers and soldiers in the line of their quotas of the continental battalions, except the half pay.
That the commanding officer of the corps of artificers shall be allowed the same pay and subsistence as a lieutenant colonel:
That the allowance of pay, subsistence and cloathing of the other officers and men of the said artificers, be the same with that of the artillery artificers under the command of Colonel B. Flower.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, II, folio 577.]
Resolved, That the Board of War be discharged from proceeding on the case of Captain George Cavey, and that the same be referred to the Marine Committee.
A letter, of this day, from Colonel S[amuel] Atlee, was read:
Ordered, That it be referred to the Board of Treasury.
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Ordered, That the letter, of 27 October last, from Major General Gates, be referred to the Board of War.1
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 154, II, folio 194.]
Ordered, That the memorial of Mr. Bowen be re-committed to the Marine Committee.
The Medical Committee, to whom were referred the resolutions of 27 October respecting the officers of the hospital department, together with the report of the said committee on the said department, which was re-committed, brought in a report:
Ordered, That the same be taken into consideration on Friday next.
On motion of Mr. [Elbridge] Gerry, seconded by Mr. [James] Lovell,
Resolved, That the deputy secretary of Congress be allowed at the rate of ten thousand dollars per annum, until the further order of Congress.
According to order, Congress proceeded to the election of a deputy secretary; and, the ballots being taken,
Mr. George Bond was elected.
Mr. David Mumford was put in nomination for a commissioner of the Board of Admiralty by Mr. [Jesse] Root,
Resolved, That Monday next be assigned for electing commissioners of the Board of Admiralty.
The committee to whom was referred the letter of 25 October last, from Dr. J. Morgan, brought in a report; Whereupon,
Resolved, That it be recommended to the executive authority of the respective states, upon the application of the judge advocate for that purpose, to grant proper writs requiring and compelling the person or persons whose attendance shall be requested by the said judge, to appear and give testimony in any cause depending before a court
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martial; and that it be recommended to the legislatures of the several states to vest the necessary powers for the purposes aforesaid in their executive authorities, if the same be not already done.
Resolved, That in cases not capital in trials in courts martial, depositions may be given in evidence, provided the prosecutor and person accused are present at the taking the same.
On motion of Mr. [Woodbury] Langdon, seconded by Mr. [Gouverneur] Morris,
Resolved, That the Marine Committee be authorized, from time to time, to appoint advocates for the purpose of taking care of and managing the maritime causes, in which the United States are or may be concerned.
Ordered, That Mr. [Woodbury] Langdon have leave of absence.
Adjourned to 10 oClock to Morrow.1
[Note 1: 1 The committee, appointed October 26, to prepare instructions for the Commissioner appointed to negotiate a treaty of commerce with the United Provinces of the Low Countries, presented its report on this day. No mention of it was made in either the general or the secret Journal, and no action was taken until December 6, 1780, when an amended form was reported. It was agreed to December 29, 1780, and will be found under that date, post.]
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