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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 14, 1779
Mr. [John] Penn, a delegate for North Carolina, attended, and took his seat in Congress.
A letter, of 10th and 11th, from General Washington, was read, enclosing a letter, of 9, from Clement Biddle.
Also a letter, of 13, from Brigadier Woodford, was read:
Ordered, That the letter from General Washington and that from Brigadier Woodford be referred to the Board of War.
A memorial from Stephen Moore, was read:1
[Note 1: 1 The letter of Washington is in the Papers of the Continental Congress, No. 152, VIII, folio 219; that of Woodford, in No. 78, XXIV, folio 145; that of Moore, dated the llth, in No. 41, VI, folio 151.]
Ordered, That it be referred to a committee of three:
The members chosen, Mr. [Robert R.] Livingston, Mr. [John] Fell and Mr. [Roger] Sherman.
A letter, of 3, from H. Champion, was read.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, v, folio 437.]
A report from the Board of Treasury was read; Whereupon.
Ordered, That on the application of Chaloner & White, agents for Colonel J. Wadsworth, commissary general of purchases, the following warrants issue in his favour, for one million one hundred thousand dollars, for the use of his department; for which he is to be accountable, viz;
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One on Samuel Patterson, Esq. commissioner of the continental loan office for the State of Delaware, for one hundred thousand dollars;
One on Thomas Harwood, Esq. treasurer of the State of Maryland, for seven hundred thousand dollars;
One on David Rittenhouse, Esq. treasurer of the State of Pensylvania, for one hundred thousand dollars;
And one on John Stevens, Jun. Esq. treasurer of the State of New Jersey, for two hundred thousand dollars:
That on the application of the Board of Admiralty a warrant issue on the managers of the United States lottery, for fifty thousand dollars, in favour of the said Board, for the use of the navy board of the middle department; for which the said Board of Admiralty is to be accountable:
That a warrant issue on the treasurer, in favour of William Govett, Esq. one of the commissioners of the chamber of accounts, for five thousand dollars; and one in favour of Resolve Smith, Esq. another of the said commissioners for six thousand dollars, on account of their salaries, respectively.1
[Note 1: 1 This report, dated December 13, is in the Papers of the Continental Congress, No. 136, III, folio 895.]
The committee, to whom was referred the letter, of 8 December, from General Washington, respecting the challenging members of a court martial;
The Committee to whom a letter from General Washington, dated the 8th. December, 1779, was referred, humbly submit the following resolution:
Resolved, That on all trials by Courts Martial, for Capital offences, at least twenty six persons be returned as members of such Court, with a list of whose names the person to be tried shall be furnished at least six hours before such trial commences, and may if he shall think proper, challenge peremptorily any number of the officers whose names shall be so returned, not exceeding six, and as many more as he shall be able to assign good reasons for objecting to. The validity of such objections to be determined by those who have been admitted to take their seats. Or if the objections shall be offered before any
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six of the proposed members shall have been sworn, then by the six senior officers present, not having been before challenged.
Provided, nevertheless that no peremptory challenges be allowed in cases not capital, or where from the situation of the army it would have the effect of preventing a trial. In which cases the reasons upon which the persons charged shall object to any officer returned as a member of such Court shall be assigned, and the validity thereof determined as above.1
[Note 1: 1 This report, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress, No. 19, VI, folio 261*.]
The committee on the letter, of 18 November, from General Washington;
The Committee to whom was referred General Washington's letter of the 18 Nov: last, and other matters relative to recruiting the army, Beg leave further to report:
That for the ensuing campaign the several States be required to furnish by draught or otherwise, on or before the first day of AprilPassednext, the Deficiency of their respective quotas of 80 Battalions of Infantry, as apportioned by a resolution of Congress of the 9th. of March, 1779.
That the non-commissioned Officers and soldiers that are or may be enlisted in the several military Corps of the army, not includedPassedin the said 80 Battalions, be considered as part of the said quota and credited to the States to which such officers and soldiers respectively do or may belong.
That it be recommended to each State to make like provision for officers, and for the soldiers enlisted for the war, in the said CorpsPassedwho shall continue in service until the establishment of Peace, and belong to the said State, as may be made for other officers and soldiers of its Battalion, pursuant to a Resolution of Congress of the 17th August last.
That the letter from General Washington of the 18 November last, and the abstract of the army enclosed therein, be referred to the Board of War, who are directed forthwith to report to Congress a list of the deficiencies of Troops to be furnished by the first of April next, and at other periods during the next campaign, by the several States, agreeable to the preceeding Resolves.
The Committee desire leave to sit again.2
[Note 2: 2 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 19, VI, folio 263*. It is endorsed: "2nd. report &c." See under December 16, post.]
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And the committee on supplies, brought in reports; which were read:
Resolved, That the committee on the letter of 18 November, have on their request leave to sit again.
Congress took into consideration the report of the committee on supplies, and thereupon came to the following resolution:
Whereas the aid of the several states is necessary in furnishing provisions for the army, and other supplies for carrying on the war; and justice requires that they be called upon to furnish their respective quotas at equitable prices:
Resolved, That all the states shall be called upon to furnish their quotas of such supplies as may, from time to time, be wanted for carrying on the war; and in making the requisitions, due care shall be taken to suit the convenience of the several states; and the articles by them respectively furnished shall be credited towards their quotas of the monies which they are called upon to raise for the United States, at equal prices for articles of the same kind and quality, and for others in due proportion; and the accounts shall be finally compared and adjusted so as to do equity to all the states.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 21, folio 189. The two votes were recorded on the same sheet by Thomson.]
On passing the foregoing resolution, the yeas and nays being required by Mr. [James] Forbes,
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So it was resolved in the affirmative.
A report from the Board of Treasury, was read; Whereupon,
Ordered, That a warrant issue on the treasurer, in favour of Colonel Benjamin Flower, commissary general of military stores, for one million dollars, for the use of his department; for which he is to be accountable.1
[Note 1: 1 See note under December 4, p. 1348, ante.]
On the question to agree to this, the yeas and nays being required by Mr. [Samuel] Holten,
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So it was resolved in the affirmative.
That on the application of Jonathan Burrall, assistant to Colonel Palfrey, pay master general, a warrant issue on the treasurer, in favour of the said Colonel Palfrey, for one hundred and fifty thousand dollars, for the use of his department, and for which he is to be accountable:
That a warrant issue on the treasurer, in favour of David C. Claypoole, printer to Congress for six thousand dollars, on his application; for which he is to be accountable:
That a warrant issue on the treasurer, in favour of Charles Morse, assistant in the secretary's office of Congress, for fifteen hundred dollars, on account of his salary:
That on the application of Chaloner and White, agents for Colonel J. Wadsworth, commissary general of purchases, the following warrants issue in his favour and for the use of his department on the treasurers of the following states, for two millions two hundred thousand dollars; in part of the monies raised by them for the use of the United States; for which sums the said Jeremiah Wadsworth is to be accountable, viz;
One of Gerardus Bancker, Esq. treasurer of the State of New York, for four hundred thousand dollars;
One on John Lawrence, Esq. treasurer of the State of Connecticut, for six hundred thousand dollars;
One on Joseph Clarke, Esq. treasurer of the State of Rhode Island, for one hundred thousand dollars;
One on Henry Gardiner, Esq. treasurer of the State of Massachusetts bay, for eight hundred thousand dollars;
And another on Nicholas Gilman, Esq. treasurer of the State of New Hampshire, for three hundred thousand dollars.1
[Note 1: 1 This report, dated December 14, is in the Papers of the Continental Congress, No. 136, III, folio 899. The paragraphs on Fogg and Milligan form part of the same report.]
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The Board of the Treasury, to whom was referred the petition of Jeremiah Fogg, quarter master to General Poor's brigade, brought in a report thereon; Whereupon,
Treasury Office, December 14th., 1779.
The Commissioners of Accounts at Albany, having represented to the Board of Treasury, that they had, in consequence of an orderAgreedof the Board of the 5th. of March last, considered the Agreed petition of Jeremiah Fogg, Quarter Master to General Poor's Regiment (which stood referred to the Board from Congress) respecting parts of Rations said to be due to the said Regiment; and that after making the most deligent enquiry, they were not able to investigate the matter; nor obtain any satisfactory Proof they were due: On the contrary as this is the only instance of a demand of the kind from any Regiment serving with them in Canada, they are of opinion an equivalent has been made in the issuing of provisions; Upon this state of the affair the Board beg leave to report it as their opinion, that the petition of the said Jeremiah Fogg be dismissed.
The Board further beg leave to report, That they have taken into consideration the Letter of James Milligan, Esqr. of the 8th.Recommittedinstant, to his Excellency the President of Congress, Recommitted stating his objections to that part of the ordinance establishing the Treasury which says "he is then with his assistant to examine the nature of the Charges and Vouchers", to them referred, and having conversed with him on the subject of those objections, they find he holds the undertaking to examine the nature of the vouchers of the Accounts to be reported to him from the Chambers of Accounts to be a duty too great to be performed by him and his assistant, and in his opinion impracticable, and, therefore, if that duty is insisted on he cannot undertake the Office of Auditor; and it appears plainly to the Board by the ordinance an examination of the vouchers is enjoined him and his assistant. It therefore rests with Congress to determine whether the examination of the nature of the vouchers is to be dispensed with or not, to determine Mr Milligan's acceptance of the office.
Ordered, That the said petition be dismissed.
Ordered, That the report of the Board of Treasury on the letter, of 8, from James Milligan, be re-committed.
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Ordered, That the report of the committee sent to camp be referred to the committee on the letter from Don. J. Mirailles.
That a member be added to that committee in the room of Mr. [Henry] Marchant:
The member chosen, Mr. Livingston, [John] Mathews.
Resolved, That the Commercial Committee be directed to take immediate measures to procure a supply of gunpowder and cloathing, for the use of the continental army and navy; and that the Treasury Board be directed to supply them for that purpose with bills of exchange on Holland, to the amount of four thousand pounds sterling, when required by the said Committee, in lieu of bills formerly furnished them for that purpose, which are supposed to be destroyed.1
[Note 1: 1 This resolution was entered only in the manuscript Secret Domestic Journal.]
Resolved, That to morrow, after the reading the journals and dispatches, Congress proceed to the consideration of the report of the committee on General Washington's letter, of 18 November, last.
Adjourned to 10 o'Clock to Morrow.
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