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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 --THURSDAY, NOVEMBER 25, 1779
The committee on the quarter masters and commissary's department laid before Congress a letter, of 24, from Chaloner and White, assistant purchasing commissaries, which was read:3
[Note 3: 3 This letter is in the Papers of the Continental Congress, No. 78, V, folio 425.]
Ordered, That it be referred to the Board of Treasury.
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A report from the Board of War was read; Whereupon, Congress came to the following resolutions:
Whereas Congress, by sundry resolutions, have provided that cloathing be furnished to officers of the line and others at prices proportioned to their pay; but no enumeration of the articles intended to be comprehended in a suit of cloaths, having been made or any rules explicitly laid down for the delivery of, or payment for the same:
Resolved, That the following articles be delivered as a suit of cloaths for the current and every succeeding year of their service, to the officers of the line and staff, entitled by any resolution of Congress to receive the same, viz.
One hat, one watch coat, one body coat, four vests, one for winter and three for summer, four pair of breeches, two for winter and two for summer, four shirts, four stocks, six pair of stockings, three pair thereof worsted and three of thread, four pair of shoes.
For which articles of cloathing the officers shall pay, on receipt thereof, one half more than the prices at which the same were currently sold before the commencement of hostilities in April, 1775; and for this end, the purchasing agents employed on continental account shall transmit to the cloathier general, with the cloathing they shall respectively purchase, the prices marked thereon at the rates aforesaid, and also correct invoices of the same, and copies of such rates and invoices, to the Board of War. And all cloathing purchased on continental account by the respective states shall be valued, marked and invoiced in like manner, and copies of such invoices and rates also transmitted to the Board of War and the cloathier general: the cloathing so purchased shall be distributed to and among the sub or state cloathiers, to be issued by them to the regimental cloathiers, and by the latter to the officers of the regiments and corps; and the said regimental cloathiers shall receive from the officers, on delivery of
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the cloathing, the prices thereof so fixed; and they shall every three months settle their accounts of monies received for cloathing with the auditors of the army in which they shall serve, and pay the monies which in such settlements shall be found chargeable to them or in their hands, to the pay master general or deputy pay master general of the army or detachment in which such regimental cloathiers shall serve. And the said pay master general or deputy pay master general shall make returns of the amount of all such monies so received to the Board of Treasury, that the said pay master general or deputy pay master general may be duly charged with the same. The auditors making such settlements with the regimental cloathiers, shall transmit to the pay master or deputy pay master general abstracts of such settlements, specifying the balances due from the regimental cloathiers respectively, that in cases of neglect, they may be duly called on for payment of the same: copies of such abstracts shall also be transmitted to the Board of Treasury. Excepting from this rule of distribution all staff officers not taken from the line, who are to receive their cloathing immediately from the cloathier general; or, if attached to the corps of or residing in any State at a distance from the cloathier general's store, from the sub-cloathier of such State; paying for the same at the rates aforesaid. And all monies so received by the cloathier general or sub or state cloathiers, shall be placed to the credit of the United States, and accounts thereof duly transmitted to the Board of Treasury. The cloathier general to be charged in the settlement of his contingent account with the monies so received, and the sub or state cloathiers to be accountable for and pay the monies received by them, to the order of the executive of the State appointing them respectively; and the State to be charged in its cloathing account with the amount of such monies. Excepting also all staff officers who receive commissions on their expenditures of
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public monies, who are not to receive any cloathing provided at continental expence.
That all cloathing issued to non-commissioned officers and soldiers, inlisted artificers and waggoners, beyond that allowed to them as a bounty, shall also be valued and paid for at the rate before mentioned; but no non-commissioned officer, soldier, waggoner or artificer, shall be entitled to purchase in any one year, out of the public store, any other additional articles than those of hats, hose, shirts and shoes, and not more of these than are absolutely necessary, and not exceeding the number of the like articles allowed as their bounty cloathing.
That all the cloathing before-mentioned for officers in the line and soldiers, shall be issued on returns certified by the commanding officer of the corps to which they belong; all cloathing to staff officers on the certificates of their principal with the army or in the district within which they shall serve; to artificers, on the certificate of the commanding officer of their corps; and to waggoners on the certificate of the quarter master general, one of the assistant quarter masters general or of the deputy quarter master general employing them, or of the waggon master general or deputy waggon master general under whom they serve.
That no staff officer, artificer or waggoner, not being engaged for at least one year, shall receive cloathing, and if any such officer, artificer or waggoner, being engaged for one year or more, after receipt of such cloathing, shall quit the service before the expiration of the term for which he or they are or shall be engaged, he or they shall forfeit and pay the full value of such cloathing, and be subject to all other penalties and inconveniences attending his or their breach of contract, or desertion.1
[Note 1: 1 This report, dated November 23 (present, Col. Pickering and Mr. Peters), is in the Papers of the Continental Congress, No. 147, II, folio 617.]
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Congress proceeded to the election of a commissioner of the Board of Treasury; and, the ballots being taken,
John Gibson was elected.
A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Roger] Sherman, in the following words:
"Whereas it may be highly injurious to the interests of these United States, to permit candidates for public offices to vote in or otherwise influence their own elections:
Resolved, That Congress will not appoint any member thereof during the time of his sitting, or within six months after he shall have been in Congress, to any office under the said states for which he or any other for his benefit may receive any salary, fees or other emolument."
Whereupon, it was moved by Mr. [Robert R.] Livingston, seconded by Mr. [James] Searle, to postpone the consideration thereof:
On which the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it passed in the negative.
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A motion was made by Mr. [Philip] Schuyler, seconded by Mr. [William] Sharpe, after the words "in Congress," to insert the words "unless he shall have been deprived of his seat by the act of the legislature of the State which he represented."
On which the yeas and nays being required by Mr. [Nathaniel] Peabody,
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So it passed in the negative.
A motion was made by Mr. [Philip] Schuyler, seconded by Mr. [William] Sharpe, to add to the original motion as follows, "unless to the office of ambassador, plenipotentiary or envoy to a foreign state, and unless to the office of a commissioner to negotiate a foreign loan."
On which the yeas and nays being required by Mr. [Nathaniel] Peabody,
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So it passed in the negative.
The previous question was then moved by Mr. [Samuel] Holten, seconded by Mr. [Henry] Marchant.
On which the yeas and nays being required by Mr. [Eldridge] Gerry,
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So it passed in the affirmative, and the main question was set aside.
The Committee on the Treasury brought in a report; Whereupon,
Ordered, That a warrant issue on the treasurer, in favour of Richard Philips, steward of the President of Congress, for two thousand dollars; for which he is to be accountable.
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That on the application of the Medical Committee, the following warrants issue in favour of Doctor Isaac Forster, deputy director general of the eastern department, amounting to one hundred and fifty thousand dollars, for the use of his department; for which he is to be accountable, viz:
One on the treasurer for twenty thousand dollars; one on the commissioner of the continental loan office for the State of Massachusetts bay, for one hundred and thirty thousand dollars:
That a warrant issue on the treasurer, in favour of Mr. J[ohn] Witherspoon, one of the delegates for the State of New Jersey, on his application, for sixteen hundred dollars; for which the said State is to be accountable.1
[Note 1: 1 This report, dated November 23, is in the Papers of the Continental Congress, No. 136, III, folio 829.]
The committee, to whom was referred the letter, of 4, from J. Beatty, commissary of prisoners, brought in a report:2
[Note 2: 2 Printed under December 1, 1779, p. 1337, post.]
Ordered, That the same be taken into consideration on Saturday next.
The committee, to whom was referred the extract of a letter from the navy board to the Marine Committee, brought in a report, which was read.
The committee, to whom was referred an extract of a letter from the Navy Board of the Middle District to the Marine Committee, of the 7th instant, respecting James Anderson, beg leave to report:
That, whereas Congress on the 9th of February, 1779, resolved, that it be recommended to the several states to enact laws for the most speedy and effectual recovery of debts due to the United States of America, but no provision is made thereby, how such suits shall be instituted, or by whom,
Resolved, That the name and stile of these united States be The United States of America, and that they be so described in all actions or Suits brought by them for the recovery of any debt or damage.
That the Board of Treasury be authorised to appoint from time to time an attourney or attournies to prosecute Suits or actions in the name of the United States of America, as the case may require.
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That the Navy Board be directed to make enquiry into the charge against James Anderson for selling the hemp belonging to the public, and thereupon advise the State Attourney with respect to his being further prosecuted or not, as they shall judge proper.1
[Note 1: 1 This report, in the writing of Jesse Root, is in the Papers of the Continental Congress, No. 19, I, folio 77. It is endorsed "August 24, 1781. Not to be acted upon."]
The committee on the quarter master's and commissary's department, to whom was referred a letter from E. Blaine, brought in a report:
The Committee on the Commissary and Quarter Master General's department, to whom was referred the Memorial of Colonel Ephraim Blaine, D.C. General of purchases, beg leave to report,
That they are clearly of opinion the method practised for purchasing provisions for the army and fleet of these States and of our Ally, tends directly to excite a competition, enhance the price and retard and embarrass that whole business, Whereupon
Resolved That the Commissary General be directed immediately to furnish an estimate of the provision wanted for the ensuing year for Postponed the armies and fleets of these States, and of our Ally, in order that Congress may determine the quantity of provision each State shall furnish.
Resolved, That thereupon it be recommended to the several States to take effectual measures to procure the quantities of provision Postponed required of them respectively, and to deliver the same to the Commissary General on account and for the use of the United States, in such time and manner as he shall direct.
That no purchasers of provision on public account be allowed in any Postponed of the States but such as are employed by and have a license from the executive powers of such State.
And that all provision wanted by our Ally be regularly and timely Postponed delivered by the Commissary General to the order of the French Agent or Consul out of the stores provided as aforesaid.
That the Commissary General confer with the French Consul or Agent respecting the supplies of provision that may be wanted for our Ally. That the Commissary Genl. transmit to the Treasury
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Postponed board every six months an account of the provision Postponed received from the respective States, and also of the provisons shall deliver as aforesaid for the use of our Ally.1
[Note 1: 1 This report, in the writing of Jesse Root, is in the Papers of the Continental Congress, No. 19, I, folio 365. See under December 2, p. 1343, post.]
Ordered, That the same be taken into consideration on Monday next.
On motion of Mr. [Henry] Marchant, seconded by Mr. [Jesse] Root,
Resolved, That the various department of the civil staff belonging to the army of the quarter master general and of belonging to the army the commissaries general of purchases and issues, be for the future under the superintendency and direction of the Board of War, and that the committee of Congress on those departments deliver over to the Board of War all papers in their hands respecting them, and thereupon be discharged.
Adjourned to 10 o'Clock to Morrow.
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