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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, FEBRUARY 7, 1780
Mr. Samuel Livermore, a delegate from New Hampshire, attended and produced the credentials of his appointment, which were read, as follows:
State of New HampshireIn the House of Representatives
January 1st 1780
Voted. That Samuel Livermore Esqr be and hereby is appointed a Delegate to represent this State in the Honble Continental Congress until the first day of March next with all the Powers and Privileges that other Delegates from this State have heretofore had held and enjoyed--provided that neither of the Delegates from this State now at Congress be superceded by this appointment.
Sent up for concurrence
John Langdon, Speaker
In Council the same day read and concurd
E. Thompson, Secy
Copy examind
byE. Thompson, Secry1
[Note 1: 1 The original is in the Papers of the Continental Congress, New Hampshire, Credentials of Delegates.]
In pursuance of a recommendation of Brigadier General Huger, dated April 7, 1779,2
[Note 2: 2 This recommendation is in the Papers of the Continental Congress, No. 78, XI, folio 413.]
Resolved, That the Rev. Henry Purcell be appointed chaplain to the brigade commanded by the said Brigadier General Huger, and entitled to the emoluments of the said office, from the said 7 day of April, 1779.
A letter, of 20 December, from Mr. H. Laurens; and
One, of 29 November, from the governor of Georgia, were read.3
[Note 3: 3 This letter is in the Papers of the Continental Congress, No. 73, folio 246.]
The committee, appointed to correspond with the commanding officer in the southern department, laid before Congress two letters from Major General B. Lincoln; one
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dated, 19, and [the] other, 22 December last, which were read:1
[Note 1: 1 Lincoln's letter of December 22 is in the Papers of the Continental Congress, No. 158, folio 309.]
Ordered, That the former be returned to the committee; and the latter referred to the Board of War and Committee of Intelligence.
A letter, of January 2, from Nathaniel Mumford, was read, signifying his acceptance of the office of commissioner of the chamber of accounts.2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, XVI, folio 1.]
A letter from sundry officers in the hospital department was read:
Ordered, That it be referred to the Board of War, to take order.
A memorial from President Wheelock, of Dartmouth college, was read:3
[Note 3: 3 This memorial, dated January 3, 1780, is in the Papers of the Continental Congress, No. 41, X, folio 423; the letter from officers in the hospital department, dated February 7, 1780, is in the Papers of the Continental Congress, No. 78, XX, folio 499.]
Ordered, That the same, together with the report of the committee on a memorial from the late Doctor Wheelock, be referred to the Board of War.
A letter, of 4, from Lieutenant Colonel A. White, was read:
Ordered, That it be referred to the Board of War.
A letter, of 5, from Jonas Fay, Moses Robinson and Stephen R. Bradley, was read.4
[Note 4: 4 White's letter is in the Papers of the Continental Congress, No. 78, XXIV, folio 175; that of Fay, Robinson and Bradley in No. 40, I, 315.]
The delegates of Massachusetts Bay laid before Congress their commissions and instructions, which were read, as follows:
State of Massachusetts Bay:
In Council, Decr 2d 1779.
Whereas the Hon. John Hancock, Samuel Adams, Elbridge Gerry, James Lovell, Samuel Holten, George Partridge and Artemas Ward,
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Esqrs are chosen and appointed to represent this State in the American Congress for one Year to Commence the first Day of January next ensuing-- Resolved that the abovenamed Gentlemen or any two of them, or when more are present in Congress a Major Part of them be and they are hereby fully empowered, with the Delegates who are or may be appointed from the other American States to concert, direct and order such further measures as shall to them appear best Calculated for the Establishment of the rights Liberty and Independence of the United States of America upon a Basis permanent and secure against the power and art of the British Nation for prosecuting the present War concluding peace Contracting alliances, Establishing Commerce and guarding against any future Encroachments and Machinations of their enemies, with power to adjourn to such times and places as shall appear most Conducive to the public safety and advantage but notwithstanding the above exceptions four of the said Gentlemen at least are enjoined constantly to attend upon the Business of their Delegation.
Sent down for Concurrence
Jno Avery Dy Secy
In the House of Representatives Decr 3d 1779.
Read and Concurred
John Hancock Spkr.
Consented to by the Major Part of the Council
True Copy
Attest
John Avery D Sect1
[Note 1: 1 The original is in the Papers of the Continental Congress, Massachusetts, Credentials of Delegates.]
A representation from Peter Alcott and Bezaleel Woodward, stiling themselves "agents for the greater part of the towns in the northern district of the New Hampshire Grants, on both sides of Connecticut river, and between the heights of land on the two sides", accompanied with a paper, signed "Joseph Marsh, chairman of said convention," purporting to be powers granted them by a convention of members from the towns aforesaid, were read.2
[Note 2: 2 This representation, dated February 1, 1780, is in the Papers of the Continental Congress, No. 40, I, folio 319.]
An act of the legislature of the State of New Hampshire was laid before Congress and read, as follows:
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State of New Hampshire:
In the year of our Lord one thousand seven hundred and seventy-nine.
An act for complying with and carrying into effect the recommendations contained in certain resolutions of the Congress of the United States of America, of the 24 of September, and 2d of October, 1779.
Whereas the Congress of the United States of America did, on the 24 day of September last past, unanimously enter into certain resolutions, in the words following, namely, (here the resolutions are entered at full length)
And whereas also the said Congress of the United States of America did, on the 2d of October last, unanimously enter into a certain resolution, in the words following, namely, "whereas in the first resolution of Congress, of the 24th of September," &c. (the whole resolution being recited)
And whereas the afore-recited resolutions and recommendations are founded in equal justice and true policy, and have for their object the establishment of perpetual harmony, friendship and mutual confidence between the states therein named, which it is no less the desire than interest of this state to promote:
Be it therefore enacted, that all the powers and authorities which it is recommended to or requested of this State, in and by the said resolutions, to vest in or grant to the said Congress, shall be and hereby are vested in and granted thereto, as fully and amply as if the same were here again particularly enumerated and described; and that the decisions and determinations which shall be made in the premises, in pursuance of the powers and authorities hereby granted, shah be obligatory on this state, and the people thereof, so far as the said decisions and determinations, or any or either of them, shall respect the same or any part thereof. And further, that this act shah always be construed in a sense most adapted to advance the design, true intent and meaning of the said resolutions.
And be it further enacted by the authority aforesaid, that no advantage shah be taken by this state of the non-performance of any of the conditions in any of the grants of land in the said resolutions referred to; but that further time be given to fulfil the same respectively, to wit, until the expiration of six years, to be computed from the publication of this act.
And be it further enacted, by the authority aforesaid, that Samuel Livermore, Esq. with the delegates of this State at the Continental
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Congress, for the time being, or either of them, be and they are hereby fully authorized and empowered to appear as agent or agents for this State, and to represent the same before the said Congress, or any court or commissioners appointed by Congress to hear and determine any or all the disputes aforesaid.
A report from the Board of War was read; Whereupon,
War Office Feb: 4. 1780
The Board having considered the letter of Col. Ward, late Commy. General of Musters, are of opinion that the Officers in his department are justly intitled to the additional subsistence mentioned in his letter and beg leave to report
Resolved, That the commissary general of musters, his deputies and muster masters, be allowed one hundred dollars per month for each detained ration, from the 18 of August last to the 12 of January last, when the department was discontinued, in like manner as officers in the line.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147, IV, folio 93.]
Another report from the Board of War was read; Whereupon,
At a Board Of War, Feby. 5th, 1780
Present Mr. Peters, Col Grayson
The Board having considered the letters from Gen1. Washington and Brigr. Gen1. Duportail, beg leave to report.
Resolved, That the officers attached to the companies of sappers and miners be commissioned, and rank as follows:
Mr. Nevin, captain, April 25, 1779. Mr. Bebee, Mr. Murray, Mr. Du Veil, captains; Mr. Gilleland, Mr. Bushnell, Mr. Cleveland, captain lieutenants; Mr. Welsh, lieutenant; August 2, 1779.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 147, IV, folio 97.]
Congress took into consideration the report of the committee, to whom was re-committed their report on General Greene's letter relative to Mr. Stephen Moore, and on the question to agree thereto, the States were equally divided, and the question lost.
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A motion was then made by Mr. [William Churchill] Houston, seconded by Mr. [John] Penn:
That in part payment for the wood and other supplies, furnished for the use of the United States, from the estate of Stephen Moore, at West Point, a warrant issue on the treasurer, in his favour, for 10,000 dollars, and another on his Excellency Richard Caswell, Esq. governor of the State of North Carolina, in his favour, for 30,000 dollars, being part of the money raised in the said State for the use of the United States; and that the final settlement of his demands be deferred to a future opportunity.
A division being called for, on the question to agree to the first part, for granting ten thousand dollars, the yeas and nays being required by Mr. [Elbridge] Gerry,
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So it was resolved in the affirmative.
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On the question to agree to the second part, the yeas and nays being required by Mr. [James] Forbes,
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So it was resolved in the affirmative.
Resolved, That to morrow be assigned for the consideration of the report of the Board of War, for recruiting the army.
Congress proceeded to the consideration of the proceedings of the court martial on the trial of Major General Arnold:
Resolved, That the consideration thereof be postponed till to morrow.
Adjourned to 10 o'Clock to Morrow.
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