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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 --SATURDAY, NOVEMBER 3, 1781
A letter, of 27, and one of 30 October, from Major General Heath, were read, with sundry papers enclosed.2
[Note 2: 2 The letter of October 27th is in the Papers of the Continental Congress, No. 157, folio 361; that of October 30th is on folio 371.]
A memorial and petition of Barn: Binney was read.3
[Note 3: 3 This memorial and petition, dated November 3, 1781, is in the Papers of the Continental Congress, No. 41, I, folio 375.]
A report of the committee of the week was read; Whereupon,
Ordered, That a letter of John Sprague in behalf of Brigadier General Reed, and the papers accompanying the same, be referred to the Board of War.4
[Note 4: 4 This report, in the writing of Samuel Osgood, is in the Papers of the Continental Congress, No. 32, folio 285; Sprague's letter, dated September 25, 1781. is in No. 78, XXI, folio 121.]
On motion of Mr. [James Mitchell] Varnum, seconded by Mr. [John] Mathews, the resolution passed yesterday "That such proportion of the said sums may be paid in provisions &c." was reconsidered and repealed.
On motion of the committee to whom were referred the letter and petition of John Clarke:
Ordered, That the said committee be discharged.
A petition from the supreme executive council of the Commonwealth of Pensylvania was read, stating a matter of dispute between the said State and the State of Connecticut, respecting sundry lands lying on the east branch of the River Susquehanna, and praying a hearing in the premises, agreeably to the 9th article of the Confederation.
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The committee to whom the letters from the superintendent of finance relative to the hospital department; and
The Committee to whom the letters from the Superintendant of Finance relating to the Hospital Department was referred do report that they have fully considered the present state of the Hospital or Medical Department in the Army, and the several papers referred to them, and having taken the best advice and information in their power are of opinion that great oeconomical advantages to the public and very useful alterations to the sick and wounded, may be obtained by a regulation of the said Department in the following principles.
By destroying all distinctions between Hospitals and forming the whole Medical Department into one uniform Corps.
By establishing the direction of practice and Purveyorship entirely distinct and seperate vesting it in different hands.
By establishing the Superintendance of the Department in a Board of Surgeons, properly organized for that purpose and not in a single person.
By the promoting the use of regimental Hospitals, and preventing the crowding the sick together in General Hospitals.
By preventing every person concerned in Hospitals from trading and speculating in any manner whatever for private advantage and emolument.
By reducing the number of Surgeons and Mates of the General Hospitals.
Under the influence of these principles your Committee beg leave to Report the following Ordinance for constituting and arranging the Hospital Department.
An Ordinance for regulating the General Hospital, and Surgeons of the Army.
Be it ordained by the United States in Congress Assembled, That there shall be one Physician in Chief to the Array and Director of the Military Hospitals: Thirteen Twelve Surgeons and twenty six four Mates, for the General Hospital, a Surgeon and one Mate to every regiment; an Apothecary and two Assistants; and a Purveyor and one Assistant.
The Physician in Chief and the hospital Surgeons or any three of such Surgeons shall make a Medical Board, of which a field Officer to be appointed in the usual form shall sit as President; it shall meet
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regularly once a month, by General order, or oftener if requisite. They shall examine regimental and examine and appoint all hospital Mates: and shall examine and recommend the regimental and hospital Surgeons, and none but those recommended by the Board shall be appointed by Congress to vacancies, and no person under the age of 21 years shall be appointed a Mate: It shall be the special duty of the said Board from time to time, to settle the proportions of regimental and hospital practice, and to make regulations accordingly. They shall prescribe the measures for supplying the sick effectually with medicines, stores, provisions &c. It shall also be their duty to make out proper estimates for the Purveyor, inspect his accounts and transactions, and regulate his plan of issues so as to prevent waste and extravagance. As often as required, the Director shall report to the Board a full state of all the Hospitals under his direction, and receive their Instructions. This Board shall enquire into all complaints brought against Officers of the Department: and present to a Court Martial, such as they may think deserving of censure. And this Board shall be authorized to digest rules and carry into execution, every thing relative to the Medical Department: Provided nevertheless, that no regulation of theirs be valid and take effect until issued in orders, with the consent and approbation of the Commander in Chief or the Commanding Officer of a seperate Department.
The Physician in Chief and Director shall have a general Superintendency and direction of practice, both in Camp and in hospitals. He shall always maintain an office near Head Quarters, so as to be ready, at all times, to consult and advise with the Commander in Chief: and to distribute the necessary advice and direction to the Surgeons with whom it shall be his duty to correspond. With the concurrence of the Commander in Chief he may establish such Hospitals as the service requires: and he shall dispose of the officers necessary to conduct them. In time of engagement or any emergency, he shall call into the field as many hospital Surgeons as the occasion requires; and by order of the General, may have assistance in hospitals, from the regimental Surgeons.
It shall also be the special duty of the Director, frequently to inspect all the hospitals under his direction; to see that they are managed with oeconomy and success: to correct all abuses; to suspend and bring to trial, delinquent Officers: and to make monthly returns of the sick to the Commander.
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In the absence of the Director from Camp, the Surgeon eldest in appointment, who is present, shall do his duty.
Every Surgeon shall direct his own hospital agreeable to the regulations, from time to time adopted by Congress or the Medical Board, and communicated to him by the Director. He is hereby authorized to order from the Purveyor or his Assistant, or from the Commissaries and Quarter Masters of the Army, or to be purchased from the neighborhood, whatever is necessary and convenient for the sick: and shall be accountable for his conduct and success in practice, to the director; but shall not be dismissed the service without due form of trial.
When two or more Surgeons are on duty in one hospital, each shall act independently with respect to all matters relating to his own particular charge, and shall be accountable to the director only, or the Surgeon presiding in his stead. In case of dispute, with regard to any matter respecting the whole hospital, the Surgeon of senior appointment shall control, until the matter in dispute can be decided by the Director, or in his absence, the presiding Surgeon.
The regimental Surgeon shall give diligent attention to such regulations as may be established respecting their conduct, and shall manage the sick of their respective regiments accordingly: and shall also be accountable to the Physician in Chief as the common head of the Medical Department.
The Hospital and regimental Mates shall observe the direction of the Surgeons, and shall diligently perform all the reasonable duties required of them, for the recovery of the sick. They shall also make out returns of the sick, for the Surgeons respectively, agreeable to such forms as the director shall require.
The Apothecary and his Assistants shall receive prepare and deliver Medicines, Instruments and dressings, and other articles of his department, to the hospitals and Army, on orders, in writing, from the director or Surgeons. He shall appoint a proper number of Mates to assist him in his duty, and shall furnish one to every Hospital, where one is required by the Director.
All the Instruments delivered by whose order soever obtained, shall be paid for, at prime cost, by the Surgeon or Mate receiving them.
The Purveyor shall provide all necessary medicines, utensils and stores of every kind, that may be ordered by the Medical Board, for the delivery of which a written order from the Director or a hospital
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Surgeon shall be his voucher. It shall also be his duty to pay all the Officers of the Hospital and every debt and expence of the sick after being duly certified. For these purposes he shall draw money from the Treasury agreeable to the estimates given him by the Medical Board. He shall settle his accounts of expenditure in money every three months, with the Auditors of accounts, and once a month, he shall lay a state of the expenditure of stores with the stock on hand, before the Medical Board.
The Purveyor shall direct the conduct of his Assistant, and by advice and order of the Medical Board shall appoint such other Assistants, Storekeepers and Clerks as the service may require.
In every hospital the purveyor or his Assistant shall appoint a steward: whose duty it shall be to purchase vegetables, straw and other small articles, to receive the stores and provisions for the use of the hospital and deliver them agreeable to the orders of the prescribing Surgeons. And although in his purchases and Issues he is to obey the orders of the prescribing Surgeons: yet for the faithful discharge of his Office, he is to be accountable to the Purveyor, and for this purpose he shall keep seperate accounts of all he receives from the Purveyors, Quarter Masters and Commissaries, and of what he purchases himself from the country; and shall render an account of all his Issues monthly, with his stock on hand, to the Purveyor; thus to enable the Purveyor to lay the whole monthly expence of the hospital, before the Medical Board. The Steward's vouchers shall express not only by whom ordered, but by whom received also. The Steward shall also receive the spare regimental arms, accoutrements and cloathing of each soldier admitted into the Hospital keeping entries of and giving receipts for every Article received, which when the soldier shall be discharged, shall be accounted for by the said Steward, with the Commanding Officer of the regiment to which such soldier belonged, or other proper person, and shall also take charge of the hospital cloathing. In every Hospital, the director or Senior Surgeon present, shall appoint a Matron and a proper number of nurses to be under the direction of the prescribing Surgeons, and paid by the Purveyor.
During the summer, when the Army is in the field, the Director shall institute a flying or field Hospital, in the rear of Camp, and appoint proper Surgeons to take direction of it, considering it always as a branch of the General Hospital and to have one common regulation and interest with it.
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One Surgeon at least, whom the General may choose, shall always reside near head Quarters, to attend the General and Staff Officers, and to be in readiness for any emergency when a division or detachment of the Army is sent off, or in any manner becomes a distinct and seperate body from the Main Army, the Medical board shall nominate its proportion of Medical Staff of which the Surgeon eldest in appointment shall preside, with all the powers of Physician in Chief and director; and shall form a Medical board, to be authorized as before mentioned: and when two Armies unite, having each a seperate Board, one shall dissolve of course by direction of the Commanding Officer of the whole.
When Officers of the Line do duty in hospitals, the Medical board shall make rules for their conduct, that they may not interfere with the Surgeons, and they shall receive their instructions by General order.
That the Quarter Master General furnish the hospital Department, from time to time, as occasion may require with such a number of horses and wagons as may be necessary for removing the sick and wounded and for transporting the hospital stores, but that no other horses than those allowed to be kept by for which forage may be herein allowed to the Officers of the Department, be kept seperately and at the expence of the Department.
That no officer or other person employed in the hospital or Medical Department shall on any account whatever, be concerned in trade for his private emolument and advantage.
That no officer or other person in the hospital or Medical Department except the sick or wounded, be permitted to use any of the stores provided for the sick.
That the Physician in Chief, the Surgeons of the Hospital, Purveyor, Apothecary, Assistant Purveyor and Assistant Apothecary be appointed and Commissioned by Congress. The Regimental Surgeons and Mates to be appointed as heretofore.
That all the Officers in the Hospital or Medical Department shall be subjected to trial by Courts Martial for all offences in the same manner as officers of the Line of the Army.
That the pay and establishment of the Officers of the hospital Department and Medical Staff be as follows, payable in silver Spanish Milled dollars a 7/6 a dollar or other money equivalent.
Physician in Chief and Director of the Military Hospitals 125 dollars per month 2 rations for himself and 1 for his servant per day and forage for 2 horses.
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Surgeons of the General Hospital 90 dollars per month and 2 rations per day and forage for two horses.
Purveyor and Apothecary each 100 dollars per month.
Assistant Purveyor and Apothecary 50 dollars per month each.
Regimental Surgeons each 60 dollars per month, 1 ration per day and forage for one horse.
Surgeons' Mates in Hospitals 40 dollars per month and 1 ration per day.
Do in the Army 40 dollars per mo and 1 ration per day.
Steward for each Hospital 30 dollars per mo and 1 ration per day.
That none of the aforesaid Officers or other persons employed in any of the Hospitals be entitled to rations of provision or forage, when on furlough.
That the Physician in Chief be allowed a two horse covered wagon for transporting his baggage.
That the same allowance be made to the aforesaid Officers for retained rations as is allowed to officers of the line of the army; and also that each of them he annually entitled to draw Cloathing from the Stores of the Cloathier General in the same manner and under the same regulations as are established for Officers of the Line by a resolution of Congress of the 25 Novr. 1779 and in like manner as has heretofore been used.
That the several Officers above mentioned (except Stewards) shall at the end of the War be entitled to a provision of Land in the proportions following viz: Physician in Chief to have the same quantity as a Brigadier General; the Surgeons, Purveyor and Apothecary of the Hospital the same as a Colonel; Regimental Surgeons and assistants to the Purveyor and Apothecary the same as a Major; Hospital and regimental Surgeon's Mates the same as a Captain.
That all former arrangements of the Hospital Department and all resolutions heretofore passed touching the same be repealed.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 22, folio 45.]
The committee to whom were referred the cessions of New York, Virginia and Connecticut, and the petitions of the Indiana, Vandalia, Illionois and Wabach companies, delivered in their several reports.2
[Note 2: 2 This report is in the list of postponed reports in the Papers of the Continental Congress, No. 31, folio 371--3.]
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Resolved, That the resolutions passed yesterday be delivered to the superintendant of finance, to be by him forwarded to the several states.
Resolved, That the several matters now before Congress be referred over, and recommended to the attention of the United States in Congress assembled, to meet at this place on Monday next.
Advice being received that a messenger was arrived from head quarters with despatches, the President resumed the chair, and Colonel Humphry, one of the General's aids, was introduced, and delivered a letter from the General, dated 27 and 29 October, containing returns of prisoners, artillery, arms, ordnance and other stores, surrendered by the enemy, in their posts of York and Gloucester, on the 19 October; he also laid before Congress 24 standards taken at the same time, and a draught of those posts, with the plan of attack and defence, and then withdrew.
Ordered, That the returns be published, and that the letter, with the other papers enclosed, be referred to the committee to whom was referred the General's letter of 19 October.
[Adjourned to 10 o'Clock on Monday.]
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