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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 21, 1779


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Journals of the Continental Congress, 1774-1789
TUESDAY, DECEMBER 21, 1779

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A letter, of 17th, from General Washington was read:

Ordered, That it be referred to the Board of War.

A letter, of 18, from J. Lawrance, judge advocate general, was read;3 Whereupon,

[Note 3: 3 Washington's letter is in the Papers of the Continental Congress, No. 152, VIII, folio 251. It is printed in the Writings of Washington (Ford), VIII, 141. The Lawrance letter is in No. 78, XIV, folio 299.]

Resolved, That until the further order of Congress, the subsistence of a judge advocate be the same as the present subsistence of a colonel; and that the subsistence of a deputy judge advocate be the same as the present subsistence of a lieutenant colonel.


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Whereas it is represented to Congress that the soldiers in the barracks near this city are not properly supplied with wood, and that great injury to the troops and to the citizens may arise therefrom:

Resolved, That the Board of War immediately cause enquiry to be made into the truth of the above representation, and if it shall appear to them to be well founded, that they cause the barrack master to be arrested and duly tried for his neglect, and in the mean time take effectual measures to provide wood for the troops in or near the city of Philadelphia.

A letter, of this day, from Samuel Hodgdon was read:1

[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, XI, folio 483.]

Ordered, That it be referred to the Board of War.

A report from the Board of War was read; Whereupon,

War office, December 16, 1779.

In January, 1777, Colonel Flower received orders from General Washington to raise several companies of artificers for executing the works required in the department of military stores. One of the companies raised under those orders and commanded by Captain Rowe, was sent to serve with the artillery in the field, where it has been very useful. All the Officers originally belonging to this company have quitted the service, one excepted (Lieutenant Preston) who is a prisoner with the Enemy.

In November, 1778, a company of artillery artificers which had served with the Northern army under the command of Captain Noah Nichols, joined Captain Rowe's company, and the whole have since served under Captain Nichols. On the 16th of November, 1776, Captain Nichols was appointed to the command of his company, by a warrant from General Gates. On the first of March last, General Knox filled the vacant offices in the present company, by appointing Thomas Patton, Captain Lieutenant, Bela Nichols, first Lieutenant, and Peter Sears, second Lieutenant. None of them have yet been commissioned. The Officers of Colonel Flower's corps have had commissions giving them rank in their own corps. Captain Nichols and his Officers are entitled to equal privileges; and are anxious to receive their commissions. The dates they ought to bear are certified by


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General Knox. The strength of the company at present is sixty two rank and file. Upon these grounds we beg leave to report:

Resolved, That commissions be granted to the officers of the company of artillery artificers attached to the artillery in the field, and bear date as follows, viz. that of Noah Nichols, captain, November 16, 1776; Thomas Patten, captain lieutenant, March 1st, 1779; Bela Nichols, first lieutenant, March 1st, 1779; Peter Sears, second lieutenant, March 1st, 1779.

We have proposed to leave no vacancy in the company for Mr Preston, who would be entitled to the Captain Lieutency, as in that case Mr Patten, an Officer indispensably necessary, could not be retained in the service. But a vacancy will be reserved in Colonel Flower's corps for Lieutenant Preston, without injuring his rank, if when released from captivity he should choose to continue in the service.1

[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, II, folio 659.]

According to order, Congress was resolved into a committee of the whole and after some time, the President resumed the chair, and Mr. [George] Plater reported that the committee have had under their farther consideration the reports to them referred, but not having come to any resolutions thereon, desire leave to sit again.

Resolved, That an express be sent to the State of Delaware, requesting them to procure, in part of their quota, as much flour as can be obtained within their State, the necessities of the army calling for their immediate and most strenuous exertions.

Resolved, That to morrow Congress be resolved into a committee of the whole to consider farther the reports referred to them.

Adjourned to 10 o'Clock to morrow.

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