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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, DECEMBER 6, 1779
An appeal from the judgment of the court of admiralty for the State of New Jersey, on the libel Rufus Gardner, &c. vs. the brig Sea Horse, John Lynch, claimant, was lodged with the secretary and referred to the Committee on Appeals.
A letter, of 2, from General Washington, was read;1 Whereupon,
[Note 1: 1 Washington's letter is in the Papers of the Continental Congress, No. 152, VIII, folio 199.]
Resolved, That General Washington be informed that Congress approve of Colonel Baylor's regiment of dragoons, at present commanded by Lieutenant Colonel Washington, being sent to South Carolina, and that the Board of War order them to proceed immediately to join Major General Lincoln.
A report from the Board of War was read; Whereupon,
At a Board of War, December 2, 1779.
Present, Col. Pickering and Mr. Peters.
The Board beg leave to report:
That, Whereas, sundry officers holding commissions in the Army of the United States, have neglected when called upon, to join their Regiments; and have refused or neglected to appear before a Court Marshal and submit themselves to trial: and no authority having been heretofore given to Courts Martial, to enable them to proceed against such absentees; and whereas in many cases, unavoidable accidents may prevent absent officers from joining their Corps, of which it is reasonable they should have opportunity to exhibit the proper evidence,
Resolved, That all officers who have been or shall be indulged with furloughs, and who have not joined or shall not join their corps at the expiration of the times limited therein, and all officers absent without leave, shall,
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practicable so to do, be personally notified and directed by the commanding officer of the corps, to join their regiment or corps in a reasonable time after receipt of such notification; and in case of neglect or refusal so to do, or to give satisfactory reasons for their remaining absent therefrom, a court martial, on proof made of such notice given and consequent neglect or refusal, shall proceed against such absentees, in the same manner as if they were present, and such absence and neglect or refusal to appear or give satisfactory reasons for their continuance of absence, shall be sufficient cause for cashiering, by judgment of the court martial, the officers so notified and neglecting or refusing:
That when, from the want of information of the residence of any absent officer or officers, the commanding officer of the corps or regiment shall not have it in his power to send a personal notification, he shall publish in the newspapers of the State, where such absent officer or officers belong and usually reside, an order requiring generally all absent officers belonging to such corps or regiment, to join the same in a specified time; and in case of neglect or refusal to appear within the time limited, or before the sitting of the court martial, if such space of time, in the opinion of the court, be reasonable and proper, such absentee or absentees shall be proceeded against in like manner with those receiving personal notice.
A copy of the above has been transmitted to Gen1. Washington who has approved thereof. There are many cases depending on the passing a Regulation similar to the above.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, II, folio 631.]
A report from the Board of Treasury was read; Whereupon,
Ordered, That a warrant issue on the treasurer, in favour of Charles Thomson, secretary of Congress, on his application, for ten thousand dollars; for which he is to be accountable.
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That a warrant issue on the treasurer, in favour of Mr. W[illiam] Floyd, one of the delegates for the State of New York, on his application, for five thousand dollars; for which the said State is to be accountable.
That a warrant issue on the treasurer, in favour of Mr. W[illiam] Sharpe, one of the delegates for the State of North Carolina, on his application, for three thousand five hundred dollars; for which the said State is to be accountable.1
[Note 1: 1 This report, dated December 6, is in the Papers of the Continental Congress, No. 136, III, folio 877.]
A report of the commissioners of the chambers of accounts on the accounts of Colonel Thomas Hartley, was read:
Ordered, That it be referred to the Board of Treasury.
The committee to whom was referred an extract of a letter communicated by Mr. [George] Plater, on 26 November last, with direction to enquire into the intelligence therein contained, brought in a report.
The Committee to whom an extract of a letter communicated by Mr. Plater on 26th of November last, was referred, with direction to enquire into the intelligence therein contained, beg leave to Report:
That they have been attended by the person mentioned in the said Extract, whom they have particularly interrogated concerning the Contents thereof.
That he peremptorily denies any information having been given to him by any Member of Congress as set forth in the said Extract, but that the assertion was the result of his own opinion, and so expressed by him.2
[Note 2: 2 This report, in the writing of Nathaniel Peabody, is in the Papers of the Continental Congress, No. 19, V, folio 189.]
The committee on the letter of 26 November, from J. Wadsworth, commissary general of purchases, delivered in their report.
That on Enquiry they find the Board of Treasury intend reporting a warrant in Favour of the said Commissary General, as soon as the state of the Treasury will admit the sum required, or any considerable part thereof, to be issued. And submit the following resolution and letter:3
[Note 3: 3 To this point the report, in the writing of William Churchill Houston, is in the Papers of the Continental Congress, No. 19, VI, folio 127.]
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Resolved, that the following letter be sent to the several States in the Union by the President.
Gen.t
While Congress congratulate you on the happy issue of the last campaign and your preservation (by the smiles of Providence) from the open or insidious attempts of a remorseless enemy, they cannot conceal from you the difficulties and embarrassments into which the depreciation of the currency and their attempt to restore its credit by a strict adherence to their resolution of theday offor putting a stop to further emissions have involved them.
The quantity of money in circulation renders the expenditures of the army enormously large; but these expenditures are considerably encreased by a general diminution of confidence in the currency, which induces many persons in the Community to lavish it in the purchase of any thing at any price rather than retain it in their hands or lend it to the public.
By these means commodities have already risen far beyond the price which their scarcity and the money in circulation would place them at, nor is there from the best calculations sums sufficient in these States to purchase the saleable articles. This evil must therefore Shortly cure itself, if the States will persist in the plan that has been chalked out to them, and enable Congress to restore the public confidence by carrying on the ensuing campaign without further emissions, and at the same time by heavy taxes add to the necessity which every man will then feel himself under of parting with his hoarded commodities. You reflect, Gentlemen, that Congress have no Legislative powers, that the success of their plans must depend upon the support they receive from the States in the Union. You will not be surprized therefore that they most earnestly entreat you, as you value the Independence of your Country, your own freedom, and the happiness of your posterity, to furnish with the utmost expedition, and without deduction the Quota assigned to you of the tax for carrying on the war. The military chest is empty, and the Treasury nearly exhausted. Should you reduce Congress to the necessity of encreasing by new emissions the money in circulation, you will give the most fatal blow to public credit, which one spirited exertion on the part of the respective States would restore. Let us then entreat you to make that exertion and punctually to remit to the public treasury the amount of your tax; Which that you may be the better enabled to do, it is earnestly recommended to you to
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retrench every expense not absolutely necessary for the welfare of the State, particularly in calling out and stationing militia upon Frontiers not immediately in Danger of attack, since whatever is laid out in their support is so much deducted from what you might otherwise afford to the public treasury, greatly affects the supplies for the army, and lessens the facility of procuring them. These considerations should render every State extremely cautious of Drafting militia except upon the most urgent occasions, especially if we add thereto the mischiefs that result to the community from the loss of their labour.
You will be pleased to inform Congress or the Board of Treasury, what sums of money you have now in your Treasury to answer the demands of Congress, and what you will be able to collect by the first day of February next. I am &c.1
[Note 1: 1 This letter, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress, No. 19, VI, folio 129.]
A report of the commissioners of the chambers of accounts on the accounts of Brigadier General Hogan, was read; Whereupon,
Chamber of Accounts,
Philadelphia, December 3rd, 1779.
The Commissioners report,
That they have examined an account exhibited to them by Brigadier General James Hogan, for his rations during his command in this City from January 9th. to the 22nd. November, 1779, and find that there is due to him for Rations short drawn, as pr the Commissarys return--
{table}
Equal to five thousand, Five hundred and twenty dollars and fifty one ninetieths--
The Commissioners beg leave to remark that by a late Resolution of Congress, General officers commanding in a separate department
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are entitled to receive a reasonable allowance for their Table Expenses; and as General Hogan has not drawn the whole quantity of provisions allowed to a Brigadier General, and exhibits no other account against the Public, they are of opinion, that to encourage oeconomy, he should be allowed the sum he charges, as payment of the undrawn provisions and other articles which he must necessarily have been obliged to purchase; However they submit the whole to the consideration of the Honble Congress.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 136, III, folio 869. Two paragraphs, on Lotbinier and Evans, are printed under December 7, p. 1359, post.]
Ordered, That a warrant issue on the treasurer, in favour of Brigadier General Hogan, for ten thousand dollars, in full of his rations not drawn and his extra expences during his command in the city of Philadelphia, from the 9th January, to 22 November, 1779.
Congress took into consideration the report of the committee on a plan for establishing a court of appeals for finally determining on captures on water, and some progress being made therein,
Ordered, That the farther consideration thereof be postponed.
A note from the hon. the Minister Plenipotentiary of France was read, relative to the capture of an English vessel, the Greyhound, by eight American sailors:
Ordered, That a certified copy of the resolution of October 14, 1777, be transmitted to the Minister, and that he be informed it is the pleasure of Congress that the money arising from the sale of the capture be paid to the captors, agreeably to the said resolution.
Adjourned to 10 oClock to Morrow.
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