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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 --FRIDAY, DECEMBER 3, 1779
A letter, of 2, from Edward Fox, was read:
Ordered, That it be referred to the committee on the intelligence given by Mr. [Henry] Laurens.
A memorial from Isaac Truax was read:
Ordered, That it be referred to the Board of Treasury.
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A memorial from Lieutenant Colonel Klein was read, and dismissed.1
[Note 1: 1 The letter of Fox is in the Papers of the Continental Congress, No. 78, IX, folio 295; the memorial of Truax is ia No. 41, X, folio 75, and that of Klein, in No. 41, V, folio 19.]
Congress proceeded to the election of a commissioner for the Board of Admiralty; and, the ballots being taken,
George Bryan, Esq. was elected.
The members of Congress elected for the said Board, are Mr. [William] Floyd, and Mr. [James] Forbes;
Mr. J. Brown was elected secretary of the Board of Admiralty.
A report from the Board of Treasury was read; Whereupon,
Ordered, That a warrant issue on the treasurer, in favour of Mr. S[amuel] Holten, one of the delegates for the State of Massachusetts bay, on his application, for five thousand dollars, for which the said State is to be accountable.2
[Note 2: 2 This report, dated December 3, is in the Papers of the Continental Congress, No. 136, III, folio 861.]
Congress took into consideration the motion made by Mr. [William] Ellery, seconded by Mr. [Philip] Schuyler; Whereupon,
Resolved, That Congress on their adjournment, the last Saturday of April next, will adjourn from the city of Philadelphia.
Resolved, That the consideration of the place to which Congress will on the day above mentioned adjourn, be postponed to the first Monday in January next.
General Sullivan was put in nomination, as a commissioner of the Board of War, by Mr. [Nathaniel] Peabody.
At a Board of War, December 3, 1779.
Present, Col. Pickering and Mr Peters.
Divers letters and papers from the Government of the State of Massachusetts Bay having at different times been referred by Congress to this Board, and the same having been considered: We beg leave to report thereon as follows:
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Whereas many Officers and soldiers, who have been, and some who now are in the Continental Army, and others who have been at different times detached to reinforce said army, by various inevitable accidents while in the service, have lost their arms, accoutrements, blankets and necessary cloathing: or have been wounded in battle, or have fallen sick on their march, and in consequence thereof, either on the way or at their own homes have incurred great expences; and as the like losses and expences may frequently be incurred hereafter; and no effectual provision having been made for the sufferers in such cases:
Resolved, That all such Officers, Soldiers and others above mentioned who have lost or shall lose their arms, accoutrements, blankets or necessary cloathing (the same being private property, and not furnished at the expence of the United States) either by being themselves taken captive, or wounded in battle, or by any other inevitable accident, without any fault or negligence of their own, the same so appearing by the certificate of their Commanding Officer then present: shall be allowed for the articles aforesaid so lost what the same were or may be reasonably worth when lost: provided that no allowance shall be made for any of the articles aforesaid which shall be alleged to have been stolen: Such allowances, in the cases of officers and soldiers remaining in the army, to be adjusted by the Auditors of accounts with the army, or any detachments thereof, and paid out of the military chest; and in other cases either by those Auditors, or by the Governments of the respective States to which such sufferers did or shall belong when such losses happened or shall happen, in such manner as the governments shall direct: Such allowances in the former of these two cases to be paid as above directed out of the military chest, and in the latter out of the respective State Treasuries, and charged to the United States.
That all Officers and soldiers, and others as above described who since the commencement of the present war, and during the continuance thereof, have fallen or shall fall sick, on their march to or from Camp, or from one post to another, or on account of sickness contracted or wounds received in the service, have been or shall be permitted to return home, and thereby, either on the way, or at home have incurred or shall incur expences, shall have reasonable allowances for the same, on the presentation of their accounts to any
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Deputy Director General of the Hospital, with proper certificates from their commanding officers, or the magistrate living nearest to the place where such expences accrued, or the select men or overseers of the poor of such place; and the several Deputy Directors General are hereby required to examine and pay such accounts accordingly.
And, whereas, neither by the act of the 22d of April, 1777, nor the other act of Congress in addition thereto, passed the 20th of October, 1778, any provision is made for soldiers falling sick on their march when not under the care of their officers:
Resolved, That the Regulations in both those acts be, and they are hereby extended to soldiers falling sick as aforesaid when not under the care of their officers; and the private physicians, Surgeons and others affording them relief, shall be paid their reasonable demands therefor, on producing to the Deputy Director General of the district a certificate of the fact, under the hand of the nearest magistrate, or the select men or overseers of the poor of the place where such expences were incurred: Such physicians, Surgeons and others giving notice of such sick soldiers to the officers of the military hospitals agreeably to the directions of those acts.
And whereas, the Governments of some States have given relief in many of the cases before mentioned and paid and indemnified their Officers, Soldiers and others before described, for their losses and expences incurred as aforesaid:
Resolved, That all monies which have been so paid by any particular State, shall be deemed proper charges against the United States, and allowed in the settlement of the accounts of such State accordingly.
And whereas a successful termination of the present war will be equally advantageous to all the States in the Union: and justice requires that each should bear a proportionate part of the necessary Expenditures in raising men and furnishing supplies for the accomplishment of that event; and whereas it will probably happen that some States in raising men and furnishing supplies will have paid more than their just proportion of the whole necessary expenditures aforesaid:
Resolved, That at the close of the War, Congress will adopt some rule, the most just and equal that from a view of all circumstances can be devised, for reimbursing and indemnifying those States who as aforesaid shall have exceeded their just proportion of the whole necessary expenditures aforesaid, and for charging such excess on those States
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which shah be deficient: to the end that perfect justice may be done among the States, and the burthen of our common defence laid equally on all.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, II, folio 635. It is endorsed: "August 23, 1781. Not to be acted on."]
Adjourned to 10 o'Clock to Morrow.
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