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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, MARCH 27, 1780
A letter, of 23, from General Washington;
One, of the 11 December last, from the Honorable J. Adams, at Ferrol; and of the 16 of the same month from him, at Corunna, were read.
A letter, of 20, from John Beatty, commissary general of prisoners, was read, renewing his application for leave to resign.
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Ordered, That it be referred to the Board of War, who are directed to report.
A letter, of 27 December, from J. Orde, captain of his Brittanic Majesty's ship, Virginia, dated, on board the said ship, at Halifax, with sundry papers enclosed, was read:
Ordered, That the same be referred to the Board of Admiralty.
A letter, of November 9, 1779, from Jon: Williams at Nantes, was read:
Ordered, That it be referred to the Board of Treasury.
The Committee of Commerce laid before Congress a letter of October 10, 1779, from J. D. Schweighauser, at Nantes, with sundry papers enclosed:
Ordered, That they be referred to the Board of War.
A letter, of 6, from James Hamilton, brigadier general of Convention troops at Charlotteville, was read:1
[Note 1: 1 Washington's letter is in the Papers of the Continental Congress, No. 152, VIII, folio 455; that of Beatty in No. 78, III, folio 447; that of Williams in No. 78, XXIV, folio 275; that of Hamilton in No. 57, folio 438. The Adams letters are printed in the Diplomatic Correspondence of the American Revolution (Wharton), III, pages 422 and 427.]
Ordered, That it be referred to the Board of War.
A report from the Board of Treasury was read; Whereupon,
Ordered, That on the application of Charles Pettit, assistant Q. M. general a warrant issue on the treasurer, on account of Major General Greene, Q. M. G. for five thousand dollars, for the use of his department; and for which he is to be accountable.
That on the application of Charles Pettit, assistant Q. M. general, a warrant issue on William Armistead, commissioner of the continental loan office for the State of Virginia, on account of Major General Greene, Q. M. G. for fifty thousand dollars, in loan office certificates, to be filled up in the name of
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George Washington, surviving trustee and assignee of the estate of Colonel Mercer; and for which sum the said quarter master general is to be accountable.
That upon the application of the Board of War, by their letter, of 17 February last, in behalf of Colonel Benjamin Flower, commissary general of military stores, a warrant issue on Thomas Smith, commissioner of the continental loan office, for the State of Pensylvania, for two hundred and sixty thousand two hundred and five dollars, and 30/90, issuable in loan office certificates in favour of Messrs. Rutter and Potts, to discharge an account for shells cast by them, in consequence of a contract entered into with the said Board of War; and for which sum the commissary general of military stores is to be accountable.
That on the application of Jonathan Burrall, assistant pay master general, a warrant issue on the treasurer, in his favour, on account of William Palfrey, paymaster general, for five hundred thousand dollars, for the use of his department; and for which the said paymaster general is to be accountable.1
[Note 1: 1 These two paragraphs are in the Papers of the Continental Congress, No. 136, IV, folio 153.]
The Board of Treasury, to whom was referred the resolution of the general assembly of the State of Virginia, dated November 10, 1779, respecting the widow and children of the late Lieutenant Colonel John Seayer [Sayres], report as their opinion,
That Congress by their recommendation to the several states, on the 17 of August, 1779, to provide for officers and soldiers inlisted for the war, fully takes in the present case:
Resolved, That Congress agree to the said report.
The Board of Treasury laid before Congress an extract of a letter from Jeremiah Wadsworth, late commissary general of purchases, dated February 27, 1780, representing "that
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several demands were made of him for transportation when acting in the quarter master's department, which he had refused to pay, as the people had not fulfilled their agreement; that he is threatened with actions;" Whereupon,
The Board beg leave to lay before Congress Extract of a Letter from Jeremiah Wadsworth Esqr. late Commissary General of Purchases dated at Hartford Feby. 27th. 1780, "I mentioned to the Treasury Board when at Philadelphia that I had several demands against me for Transportation when acting in the Quarter Master General's Department which I had refused to pay as the people had not fulfilled their agreements. The Act making Paper Money a Tender is now repealed, and these people threaten me with Actions. I have no doubt they will fail, but I wish for the instructions of the Board and expect their advice. I trust I shall not be left to encounter these scoundrels unsupported by the Public for whose interest I have involved myself in this trouble which I could have avoided by paying them, their receipts would have been my vouchers, and if I should be so unfortunate to have all this trouble without your patronage it will deter others from any risques of this kind in future."1
[Note 1: 1 This paragraph is in the Papers of the Continental Congress, No. 136 IV, folio 153.]
Resolved, That Congress will support Jeremiah Wadsworth, late commissary general of purchases and formerly assistant to the quarter master general, in defending suits which shall be brought against him for such demands on account of services performed for the use of the United States, as he shall deem unjust or unreasonable.
A letter of 26, and one of 27, from the Board of War, with sundry papers enclosed, were read.2
[Note 2: 2 The letter of March 27 is in the Papers of the Continental Congress, No. 148, I, folio 71.]
A motion was made by Mr. [William] Ellery, seconded by Mr. [Nathaniel] Folsom,
That when Congress adjourn from Philadelphia the last Saturday of April next, they adjourn to the town of Hartford in the State of Connecticut.
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A motion was made by Mr. [John] Mathews, seconded by Mr. [Allen] Jones, to strike out the words "Hartford" and "Connecticut", and the question, shall those words stand, passed in the negative; so the words were struck out.
A motion was made by Mr. [Oliver] Ellsworth, seconded by Mr. [James] Searle, in the room of Hartford first blank, to insert "Trenton;" on which the yeas and nays being required by Mr. [William] Ellery,
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So it passed in the negative.
Ordered, That the farther consideration thereof be postponed.
A motion was made by Mr. [John] Mathews, seconded by Mr. [Abraham] Clark,
That the resolution of Congress of the third day of December last, respecting the removal of Congress from the city of Philadelphia, be repealed.
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On the question to agree to the foregoing resolution, the yeas and nays were required by Mr. Ellery [Nathaniel] Folsom,
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So it passed in the negative.
The committee appointed to confer with thecommissioners, and to whom was referred the report on the quarter master's department, brought in a report, which was read:
Whereas Congress on the 25th. of February last Resolved, That the several States should be called on for certain supplies of Beef, Flour, and other Articles necessary for the ensuing Campaign; and that the same should be collected and deposited, or delivered, at the risque of the respective States, in such places within each State respectively as the Commander in Chief should judge most convenient: and it being necessary to provide for the safe keeping and transportation of the stores which shall be so deposited:
1 Resolved, That suitable store houses or Magazines be provided, in the Manner herein after directed at such places as the Commander
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in Chief shall appoint for the reception of the Stores to be deposited as aforesaid.
2 That there be one Store keeper to each Magazine, to be appointed by the Board of War, who shall give bond with two sufficient sureties in such sum as shall be judged sufficient by said Board for the faithful discharge of his trust.
3 That there be three Superintendants of Magazines and transportation, to be appointed by Congress: Viz One for the Northern division of these States, including the State of New York; One for the Middle division containing New Jersey, Pennsylvania, Delaware and Maryland; and one for the Southern Division, comprehending the residue of these States.
4 That each Superintendant, with the approbation of the Board of War appoint a deputy for each State in his division, with the approbation of the Supreme Executive power of the State.
5 That it shall be the duty of the store keepers to receive and safely keep all stores which shall be delivered at their respective Magazines, agreeable to the Act of Congress above mentioned, for the use of the United States, first carefully inspecting the same, and rejecting all such as in their judgment are not of good and sufficient quality.
Provided nevertheless, That such Articles as the Store keeper shall reject as insufficient, shall be taken care of by him until they can be examined by impartial and Judicious Men to be mutually chosen by the Store keeper, and the State Commissioner sending such Stores, to whom the Store keeper shall give the earliest notice of the Matter: and the determination of such arbitrators shall be binding on both parties. He is also to receive and safely keep all public stores brought from any other district to be deposited in the Magazine under his care--and the Store keepers shall give receipts for all Articles delivered to them, therein expressing their sorts, quantities and qualities and the names of the Commissioner, and Conductor or Waggoner sending and delivering the same: they shall also severally keep two distinct books in one of which they shall insert an exact account of every Article by them received, and in the other a like account of all articles issued for the use of the Army or any detachment thereof: the usual course of issues to be by orders of the Quarter Master Genl, and Commissary Genl or the heads of their respective Departments in any seperate Army, drawn on the Superintendants and their deputies;
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and no issues shall be made by any Store keeper but by order of the Board of War; the Commander in Chief or Commander of any seperate Army, the Quarter Master or Commissary General, or the heads of their respective Departments in any seperate Army, or the Superintendant of the division, or his Deputy, in which such Store keeper shall serve: Except only to parties and detachments of Continental troops or Militia in Continental Actual service, on the returns of their respective Commanding Officers; and if in such case the Commanding Officer be a Non Commissioned Officer, he shall first produce to the store keeper the orders of his Superior Officer, specifying his route, and the number of Men put under his command, and once in every month the store keepers shall make returns to their respective Superintendants and deputy Superintendants, of all their receipts and issues, (shewing from whom the stores were received and to whom and by whose order issued) and of the stores remaining on hand; and punctually observe the Instructions of their respective Superintendants and deputy Superintendants, relative to the Stores committed to their care.
6. That it shall be the duty of each Superintendant to provide by hire at such places within his division as the Commander in Chief shall appoint, the buildings necessary for the reception and safe keeping of the stores to be there collected and deposited agreeable to the Act aforesaid of the 25th of February last; to visit all the Magazines within his division at least once in every three months, to examine into their condition and see that the stores are managed with proper care and order; to examine the storekeepers books and see that they are properly kept; to correspond with the Board of War, the Quarter Master, and Commissary General, and when the service shall require it, with the heads of those Departments in any seperate Army, and to furnish them respectively once a month with a general return of the receipts and issues, and of the stores on hand at each Magazine in his division; to comply with their respective requisitions for stores; to inform them of all neglects, abuses and accidents which shall arise, to the injury or interruption of the business committed to his management; taking in the mean time the most effectual measures in his power to remedy the same. If any State Commissioner fail of furnishing the supplies required of them in due time, to give the earliest notice thereof to the executive of such State, and to the Board of War; to make timely provision for transporting his stores, adopting
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the cheapest and most certain modes for this end, and preferring the hiring or contracting for the carriage of them by weight; to keep an exact register of all the Waggons and other carriages, Pack horses, vessels and Boats, he shall employ, and of the work done by them; to represent to the Board of War, those cases in which, in his opinion, either necessity or public utility require the erecting of houses for the reception and preservation of the public stores, or the building of boats or Bridges, repairing of roads, or clearing of rivers, to facilitate the transportation of them; and to apply to the executive powers of the States, in which any obstruction to the transportation shall arise for their direction and assistance in removing the same; to make such additional regulations as he shall find to be requisite for the proper and uniform management of the business committed to his direction; to transmit monthly to the Board of War, or as often after the first returns as any alterations shall take place, copies of such additional regulations, and of the contracts or terms of hire, with the names and places of abode of the owners or contractors of, and for all vessels, boats, carriages and Pack horses he shall employ, and the numbers of each furnished by such owners and contractors respectively, and to give such other returns and information relative to the business of his Department as the said Board shall require.
7. That from time to time necessary sums of money shall be furnished to the Superintendents, to be by them distributed among their deputies, to pay for the transportation of all stores from their respective Magazines: and for such other purposes as are herein after directed.
8. That it shall be the duty of the deputy Superintendants to assist their principals in the performance of the duties herein before assigned them, agreeably to the directions before given, and such instructions as they shall from time to time receive from their respective Superintendants; to examine all accounts for the transportation of stores from the Magazines and for the salaries and wages of all persons employed under them within their district; and to pay the sums they shall find to be due thereon; the salaries of the Store keepers and their clerks to be paid at the end of every three months to examine the books of receipts and issues of the store keepers within their district with their vouchers; and settle the same once in every three months.
9. That the deputy Superintendents shall regularly at the end of every three months, settle their accounts of expenditures of the public
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money: with their respective Superintendants, who at such settlements shall pay to their deputies and their clerks the salaries hereby allowed them.
10. That once in every three months each Superintendant shall exhibit to the Board of Treasury the Accounts of his deputies by him settled as above mentioned, together with an Account of his own expenditures of the public money at which time the Treasury Board shall report the salaries due to him, and his clerk, in order that the same may be paid.
11. That the Superintendants, their deputies and store keepers be allowed to appoint each for himself one clerk, and no more without the concurrence of the Board of War.
12. That no Superintendant, deputy Superintendant or store keeper, shall own or be in any manner interested in any vessel, boat or carriage, Draft horse, or Pack horse employed in the service of the United States, on pain of being dismissed from the service.
13. That the following salaries be allowed to the officers aforesaid to be paid in Spanish Milled dollars, or other money equivalent, in four equal quarterly payments in the manner before mentioned.
To a Superintendant for his services, and travelling expences
To his Clerk for ditto To a deputy Superintendant for his services and travelling expences according to the extent of his district and quantity of business, not exceeding
nor less than
To His Clerk for his services and travelling expences
To a Store Keeper
To his Clerk
14. That the owners of teams and Pack horses employed in the transportation of stores from the Magazines shall procure Forage for them, and provisions for their conductors, Waggoners, and drivers at their own expence, and be answerable for the safe conveyance and delivery of the stores received by them, or the conductors, wagoners and drivers whom they employ.
And whereas, the great number of issuing posts, established in these States have by experience been found very burthensome and expensive.
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15. Resolved. That from and after theday ofnext no post without troops, there stationed and in the Continental Service, shall be continued or established in any State at the Agreed. expence of the United States, or public provisions or forage issued there at (the Magazines before mentioned excepted) but by order of the Board of War, the Commander in Chief or Commander of a seperate Army, and such order shall be given only in cases where in their opinion the obtaining provision or forage in any other way would be impracticable or attended with greater public expence and inconvenience, than by such issues.
16. And whereas it may some times happen that there is a necessity to detain hired teams, the owners of which were to find their own forage and provisions, beyond the time for which such Agreed. teams were engaged, and who if their own forage and provisions are expended must have recourse to the public Magazines: It is Resolved that such teams and their conductors and drivers, so detained and become destitute of forage and provisions, shall be supplied out of the public Magazines upon the written order of the Officer by whose order they shall have been detained, and the Waggon Master General or his deputy, or other person under whose direction such teams shall be employed before he signs their discharge, shall cause to be endorsed thereon, by the forage Master, and Commissary or Store keeper (as the case may be) the number of rations, of Forage and provisions furnished to such teams and their conductors and drivers, that the same may be deducted out of the Wages due to the owners of such hired teams.
17. That excepting in the cases above mentioned, no provisions or forage be drawn by any person not actually serving with the Army or some detachments thereof. And Whereas it is necessary to make provision for occasional supplies to detachments and parties of Continental troops, and militia in Continental actual service when on their march to and from the Army or other place of service, and which cannot conveniently be supplied from the public Magazines.
18. Resolved. That it be recommended to the several States immediately to enact laws, authorizing and requiring justices of the peace, or other proper persons in such cases upon notice given them by the Commanding Officer of any such party or detachment as aforesaid, to cause them to be supplied by billets or otherwise, as the number of men and other circumstances shall require, with necessary Quarters, and with so many rations of provisions and forage, as such Commanding
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Officer shall certify to be necessary for the party or detachment under his command; and which shall so appear to the justice or other civil Officer to whom the application is made; together with wood and straw. Provided, that before any such issues are made for a party under the command of a Non Commissioned Officer, he shall produce to the Justice or other person of whom such supplies are demanded a written order from his Superior Officer specifying the route he was to take, the number of men put under his command, and the regiment, troop or company to which he belongs, and before the departure of such detachment or party, the Commanding Officer thereof shall give a certificate under his hand to the person furnishing such supplies: specifying the sorts and quantities of the several articles supplied (expressing the quantities in words at length and not in figures) and by whom the same were furnished; and shewing in words at length the rank of such Officer in the Army, and also (if not a general Officer) the name of the regiment, troop or company to which he belongs.
And it is further recommended to the several States to make provision for the speedy payment of all such certificates by the Treasurers of the Counties, or Towns respectively where such supplies shall be furnished. And each State furnishing such supplies of provision and forage shall be credited for the same as parts of their quotas required by the Act of Congress of the 25 February last and at the prices therein fixed; and for wood and straw credit shall be given at prices exceeding by one half the rates at which the same Articles were usually sold, at the places where furnished, in the year 1774.
19. And as in supplying such parties and detachments doubts may arise in regard to the species and quantities of provisions and forage which constitute a ration,1
[Note 1: 1 A marginal note says: "Thus far examined."]
Resolved. That henceforward a ration of provisions shall consist of--
That a ration of forage shall consist of for a saddle horse 14 pounds of Hay and 6 quarts of oats; for a draught horse Agreed. 16 pounds Hay and 12 Quarts of Oats Per day; or in lieu of oats, other short forage equivalent.
20. That double rations of grain in lieu of Hay, and double rationsof hay in lieu of grain, be considered as a complete Agreed, ration.
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21. That wood and straw be supplied in the following proportions viz. To every sixty men, including Officers, one Quarter of a cord of Wood per day. To every six men, including Officers twenty pounds of straw, but no straw to be allowed in summer, except in rainy weather, and for the sick: nor at any season oftener than once in three days.
22. And whereas the mode of obtaining supplies directed in the Act of Congress of the 25th February last, and the means of transporting them herein before prescribed materially alter and lessen the business of the Quarter Master General, and this change of circumstances requiring a different arrangement of his Department.
23. Resolved, That there be one Quarter Master General to be appointed by Congress.
24. That the Quarter Master General, with the consent of the Commander in Chief, appoint one deputy for the Main Army, and one for every seperate Army, to be taken from the Line.
25. That the Quarter Master Genl and each of his deputies be allowed one clerk.
26. That when two or more regiments are detached and the service shall require it, the Quarter Master Genl and his deputy with a seperate Army, be respectively authorized to appoint one of the Captains in the detachment to perform the duty of Quarter Master therein, so long as the same shall be necessary for the good of the service: and during that time such Captain shall be allowed an additional pay equal to one half of his pay as a Captain.
27. That there be one Forage Master Genl and one deputy for the Main Army, one deputy for each separate Army, one forage Master for each brigade, one for Head Quarters and the staff (including of the staff the Quarter Master Genl and his deputy, the Inspector Genl, the Adjutant Genl, the Engineers, the chief Physician and Surgeon, the Judge Advocate Genl, the Commissary Genl of prisoners, the deputy Pay Master Genl, the Auditors of Accounts, The field Post Master and the express riders: the latter in future to be under the direction of the Post Master attending the Army) one for the Commissary Generals Department, and one for the Department of the Field Commissary of Military stores.
28. That all Officers in the forage Department for the Main Army be appointed by the Quarter Master Genl, and those for a seperate Army by his deputy in such seperate Army, having the approbation of the
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Commander in Chief, and Commander of such seperate Army respectively.
29. That there be one Waggon Master Genl and two one deputy for the Main Army; one deputy for each seperate Army; one conductor for Head Quarters; one to the staff; one for each brigade of the army and one for each brigade of twelve teams in the Staff Departments.
30. That the Waggon Master Genl his deputies and conductors be appointed in the same manner as the Officers in the Forage Department.
31. That from and after theday ofnext all other Officers in the Quarter Master Genl's Department be discontinued: the Officers of the Corps of regimented Artificers excepted.
32. That the Quarter Master Genl shall have full power with the consent of the Commander in Chief, to dismiss any Officer in his appointment, who shall neglect or refuse to perform the duties of his Office and to appoint, in the manner before mentioned another in his stead; and the deputy Qr Master Genl with any seperate Army shall have the like power in respect to all Officers in his appointment.
33. That the Quarter Master Genl and his deputy with each seperate Army be authorized, with the approbation of the Commander in Chief and Commander of such seperate Army respectively, to employ such Artificers and other workmen and labourers as shall be indispensably necessary for the service, in addition to those who are inlisted.
34. That at the end of every month the Forage Master Genl and his deputies shall make returns to the deputy Qr Masters Genl under whom they immediately serve, of all persons employed under them respectively, and of all forage received, issued and remaining on hand, specifying from whom the same was received and to whom and by whose order issued.
35. That the Waggon Master Genl and his deputies with each seperate Army shall make the like monthly returns of all Officers and waggoners employed under them, the number of horses, carriages and teams, under their care, their condition, from whom received, and how employed.
36. That upon the receipt of these returns each deputy Qr Master Genl shall make a general return, including therein the artificers and all others employed in the department under him who are not included in the waggon and forage returns and transmit monthly one copy thereof to the Board of War, one to the Commander in Chief, or Commander
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of the seperate Army in which he serves, and one to the Qr Master Genl: from which general returns the Quarter Master Gen1 shall form one general return of his whole Department, and monthly transmit one copy thereof to the Board of War, and one to the Commander in Chief.
37. That the Quarter Master Genl from time to time furnish the Board of War with estimates of all supplies necessary for his department, therein marking the time within which it is necessary that they be provided.
38. That the Quarter Master Genl with the approbation of the Commander in Chief, make such arrangements for conducting the business of his Department, not inconsistent with these regulations, as he shall judge to be most conducive to the public weal, describing in particular the manner in which all Officers subject to his orders shall perform their respective duties, keep their accounts, and make their returns; that the whole may be done with uniform regularity.
39. That neither the Quarter Master Genl nor any of his deputies shall build at the public expence any house, stable or barrack, or bridge across any river without a written order from Congress, the Board of War, the Commander in Chief or Commander of a seperate Army.
40. That no Military or Staff Officer shall own or in any manner be interested in any boat, Shallop, waggon or other carriage, horse or team, employed, on hire or contract in the service of the United States, on pain of forfeiting a sum equal to that which shall have become due for the service of such boat, shallop, waggon or other carriage, horse or team, during the whole time they shall have been so employed, and for a second offence such Officer shall be dismissed from the service.
41. That the pay of all Officers, Waggoners, Artificers and others in the Department of the Quarter Master Genl be drawn monthly from the Military chest by warrants from the Commander in Chief or Commander of a seperate Army; and for this purpose the deputy Quarter Master Genl, Forage Master Genl, and Waggon Master Genl with the Main Army, and the heads of those branches of the Quarter Master Genl's Department in seperate Armies shall at the end of every month make out regular pay rolls containing the names of all persons employed in their respective branches aforesaid, their ranks and employments, the time from and to which they are to be paid, their monthly pay, the sums due to each, and a column for casualties, in
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which is to be inserted the dates of deaths, desertions, discharges, and captivities; which pay rolls, with abstracts of them after being certified by the Qr Master Genl or his deputy with a seperate Army, shall be presented to the Auditors of Accounts for examination, who shall certify to the Commander in Chief or Commander of a seperate Army, the sums they find to be due thereon, that warrants may be issued for the payment thereof. Provided nevertheless that the regimented Artificers in this Department shall be mustered and paid in the mode prescribed for mustering and paying a regiment of Infantry.
42. That all accounts for other services and expences in this Department be in like manner examined by the Auditors of Accounts, and paid by warrants as aforesaid out of the Military Chest.
43. That the pay of the Officers in the Quarter Mr General's Department be as follows in Spanish Milled dollars, or other money equivalent vizt.
Pay per month.
And whereas it is requisite that provision be made for the carriage of the provisions, stores, and baggage of the Army,
44. Resolved, That the Quarter Master Genl cause all horses, teams, waggons and other carriages proper for the service of the Army, to be collected by the opening of the ensuing campaign, and applied, so far as they will reach, to the use of the Army; and if they are inadequate to the service, that he certify the same, and the numbers deficient, to the Board of War, who shall thereupon employ a suitable person or persons to procure, by hire or otherwise, the horses, Teams and carriages requisite to supply such deficiency.
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45. That as far as possible all draft and Pack horses, Teams and carriages furnished at the expence of the United States be procured by hire or contract.
46. And whereas an Army encumbered with a Multitude of horses and carriages is embarassed in all its movements and its safety thereby frequently endangered, as they create a vast expence and render it extremely difficult, and some times impracticable, properly to subsist the horses indispensably necessary for the service.
Resolved, That henceforward the allowances of carriages and Teams be absolutely restricted to the following regulations:
To the Commander in Chief and to the Gertl Commanding a seperate Army, as many carriages and teams as the service shall require.
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Medical Department--
47. That for the carriage of stores, provisions and forage, and for the flying hospital, there be allowed to the Commissary Genl, the forage Master Genl, the Field Commissary of Military stores, and the Physician and Surgeon General or other Director of the flying Hospital respectively, and to the heads of those Departments in a seperate Army, such a number of carriages as the service shall from time to time indispensably require, of which reports shall be made by those Officers respectively to the Commander in Chief, and Commander of such Seperate Army, who are respectively to determine thereon the numbers to be allowed.
48. That no horse belonging to the United States shall be allowed to any Officer in the service, either for a riding or bat-horse; but in lieu thereof shall be paid in Spanish Milled dollars, or other money equivalent.
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In consideration of which it shall be the duty of these officers to keep themselves constantly provided each with an able horse sufficient for the services on horseback incumbent on these officers to perform.
49. And in order to prevent all unnecessary consumption of forage,
Resolved, That forage be issued in the following and in no other manner or proportion whatever That in addition to the forage necessary for the Waggon horses allowed by these regulations there be issued
To the General and Commander in Chief of our Armies, and to the General Commanding any seperate Army so many rations for their horses and those of their suite, as the service shall require.
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50. That the forage hereby allowed shall be issued by the Forage Masters with regularity and exactness by rations, each ration to consist of the quantities herein before established; and no more than one ration shall be issued for one horse for 24 hours.
51. That forage for the waggon horses be issued on the returns of the respective conductors, countersigned by the Waggon Master Genl or his deputy: and for other horses on the orders Agreed of the Officers entitled to receive forage by virtue of these regulations, and if any Officer in the Forage Department shall issue Forage in any other Manner, or in larger proportions than is prescribed in the foregoing regulations, he shall be charged with and pay the full value of such extra forage, and for a second Offence be dismissed from the service.
52. And whereas the movements of the Army, and the various events of War, the Marching of new Levies, or of corps or detachments, to or from the Army or some post, may occasion sudden demands for horses, waggons and teams, which cannot be seasonably furnished in the manner before directed,
Resolved, That in such cases the Quarter Master Genl, and his deputy with each seperate Army, and the Officers commanding such
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new levies, Corps and detachments, be authorized to procure, by hire or contract so many draft horses, waggons and Teams as shall be indispensably necessary for the service, and which cannot be seasonably provided in the manner before directed. And whereas it may happen in some cases that the horses, waggons and teams necessary for the service as above mentioned cannot be procured by hire or contract.
53. Resolved, That it be recommended to the several States to pass laws authorizing and directing any Justice of the Peace upon the requisition of the Board of War, the Commander in Chief, or Commander of a separate Army, or of any officer commanding a party, Corps or detachment as aforesaid, such requisition to be in writing, and shewn unto him, to issue his warrant to the constables of the Town or district, or other proper Officers, requiring them to procure by impressing or otherwise, such draft horses, carriages, and teams, with able men to drive the same, as shall by the requisition aforesaid be demanded; or as in the case of the Commanding Officer of a party, Corps or detachment shall appear to the Justice to be necessary. And whenever horses, carriages and teams shall be hired or impressed as before mentioned, the Waggon Mr General or his deputy or other Officer under whose direction they are employed, and in the case of a party, corps or detachment as aforesaid the commanding Officer thereof: shall before they are discharged, give to their owners or drivers, certificates specifying the number of days they were employed, the weights of their loads (as nearly as they can be ascertained) and the length of way they have carried the same, with such other particulars as shall be necessary to ascertain the value of their services: which certificates being presented to the deputy Superintendant of the State in which such services have been performed, he shall immediately pay them off at the same rates as for horses and carriages employed by him in the transportation of stores.
54. And in order to prevent the waste of Forage during the Marches, and in the Camps and Quarters of the Army, and to effect a regular distribution of the same.
Resolved, That it be recommended to each of the States to enact laws directing and requiring that whenever a Continental Army shall be in such State, one of the Commissioners thereof for providing supplies for the Army do constantly attend it and take possession of all forage which shall be found within the limits of the Camp
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or Quarters of the Army and in its vicinity (under such restrictions as the States respectively shall judge proper) and deliver the same over to the Forage Master General or his Deputy: The Forage so delivered to be credited to the State furnishing the same at the prices fixed in the resolve of the 25 February last, as part of its quota of supplies thereby required, and during the season when green forage may be obtained that the said Commissioner do, in like manner take, and put the Forage Master Genl or his deputy in possession of all the fields and pastures necessary for the Army within the Camp and its environs: And the Forage Master Genl or his deputy shall regularly appropriate the same to the use of the Army. The value of such green forage and pastures to be ascertained by the said Commissioner and the Forage Mr General or his deputy: The prices to be estimated in Spanish Milled dollars, at one half more than the green forage and pastures so estimated were worth in the year 1774, the amount thereof to be credited to the State thus furnishing the same, as part of its quota of the supplies required as aforesaid. And in case of disagreement between the Commissioner and forage Master in regard to the value of such green forage and pastures, they shall mutually appoint disinterested and judicious arbitrators to appraise the same, whose decision shall be final. And for all forage, green and dry and pastures furnished as above mentioned, the Forage Master Genl or his deputy receiving the same, shall give certificates, specifying the sorts and quantities and the prices thereof, in words at length and not in figures: which certificates shall be deemed sufficient vouchers for charging the same to the United States. And whenever forage and pastures shall be furnished in the manner above described, none shall be taken or fed in any other way unless in cases of necessity by the special orders of the Commander in Chief, or Commander of a seperate Army.
55 And it is further Resolved--
That until such Commissioners as before mentioned, shall be appointed, and afterwards in their absence it shall be the duty of the Forage Master Genl and his deputy to take possession of and regularly appropriate to the use of the army all forage and pastures necessary for its consumption found as aforesaid within the limits of the Camp or Quarters of the Army and in its vicinity, cause the same to be appraised and give certificates thereof in the manner before directed.
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56 And it is further recommended to the several States to make provision for the speedy payment of all such certificates to the holders of them; which payments being made, such certificates with the receipts thereon of the parties to whom they were given shall be deemed sufficient vouchers for charging the United States with the amount thereof as part of the supplies aforesaid required of the State so furnishing the same.
57 And in order to prevent any waste and unequal distribution of Forage; it shall be the duty of the Forage Master General and his deputy to take possession of the Forage, they shall find, as well at the quarters of General and other Officers of the Army as elsewhere, and regularly appropriate the same to the General use of the Army.
58 And whereas the supplies called for as aforesaid by the resolve of the 25th of February last may be inadequate to the demands of the ensuing Campaign; and as a larger proportion of some Articles than is therein assessed on the States wherein the Army may lay, and those adjoining may be essentially necessary for its use, and yet from the nature of such supplies or other circumstances it may be impracticable to draw them from more distant States.
Resolved, That it be earnestly recommended to the several States to authorize and require their respective Commissioners for procuring the supplies aforesaid to furnish such additional quantities, beyond their quotas, set by the resolve aforesaid as Congress or the Commander in Chief, or Commander of a seperate Army shall call for, and can be procured in such State or States on which demand shall be made--and for all such additional supplies the State furnishing the same, shall be paid the value in specie, or other current money equivalent, at the rates fixed in said resolve of the 25th. of February last, with interest at six per centum per annum, from the time such additional supplies shall be delivered at the army or deposited as in that Resolve is directed.
59 And Whereas the change in the system of the Quarter Master Genl's Department to be hereby effected renders it necessary to prescribe some mode of procuring Camp equipage and other Articles usually provided by the Quarter Master General.
Resolved, That all Camp equipage, ammunition waggons, intrenching and other Tools and Materials heretofore provided by the Quarter Master General shall henceforward be provided by the Commissary General of Military Stores under the direction of the Board of War,
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and such of them as are carried into the field, shall be committed to the care of the field Commissary of Military stores, who shall issue the same, and keep his accounts and make returns of them in like manner as of the Military stores, excepting however all Timber, boards and other Articles which are to be found in the vicinity of the Army, and can more easily and properly be provided in the field than by the Commissary Genl of Military stores. And such timber and other articles shall accordingly be procured by a Contractor to be appointed for that purpose by the Quarter Master General, and Commanding Officer of the Artillery, out of the Officers of the Artillery Artificers or Quarter Master's Artificers, who shall supply both departments agreeably to the orders of the Quarter Master General and Commanding Officer of the Artillery.
The monies necessary to enable the contractor to procure such supplies, to be drawn from the Military Chest on the applications of the Quarter Master General and Commanding Officer of Artillery respectively: And the Accounts of the Contractor examined and settled by the Auditors of Accounts, once in every three months.
The foregoing regulations as part of the proposed plan for arranging the Staff Departments, are respectfully submitted by
Tim Pickering
Thomas MifflinCommissioners
Philadelphia
27 March 1780
Approved by the Committee
Roger Sherman
Chairman1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 22, folio 155.]
Ordered, That the committee confer with Major General Greene, Q. M. G. on the subject.
Adjourned to 10 o'Clock to Morrow.
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