SATURDAY, JANUARY 1, 1780

A letter, of 2 December, from Major General Lincoln, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 158, folio 305.

Ordered , That so much thereof as relates to money be referred to the Board of Treasury, and the remainder to the Board of War.

A petition of William Mitchel was read:

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

A letter, of this day, from the Board of War, was read:

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

A letter, of 30 December, from Doctor J. Morgan, was read, requesting to be furnished with copies of the following letters and returns of Doctor W. Shippen, viz 2 :

2 Morgan's letter is in the Papers of the Continental Congress , No. 63, folios 161–164.

Letters previous to October 9, 1776, on which were founded the resolves of that day; of November 1, 1776, including the return of the sick; November 9, 1776; November 24, 1777, and return of the sick, also return of the hospital officers; January 19, 1778, with the return of the hospital officers, &c., also Governor Livingston's, to which it refers; January 26, 1778, to Francis Lewis, Esquire; Whereupon,

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Ordered , That Doctor Morgan's request be complied with and that those of the papers which are in the possession of the Medical Committee be lodged in the Secretary's office for that purpose.

The delegates for Massachusetts bay produced credentials of their appointment, which were read as follows:

State of Massachusetts Bay , Council Chamber, November 18th, 1779 .

These Certify that |the Honorable John Hancock, Samuel Adams, Elbridge Gerry, James Lovell, Samuel Holten, George Partridge and Artemas Ward, Esquires, were agreeable to the Assignment of this Day by the General Assembly of the State aforesaid, Chosen Delegates to represent the said State in the honble the Congress of the United States of America for the year 1780.

Attest: John Avery , D. Secretary . 1

1 The original is in the Papers of the Continental Congress , Massachusetts, Credentials of Delegates .

Congress took into consideration the report of the committee, to whom was referred the report of the Board of War, on the petition of Robert Jewell; and thereupon,

Resolved , That thirty dollars a day be allowed to Robert Jewell, keeper of the new jail in Philadelphia; twenty dollars a day to each of his assistants; and ten dollars a day to his turnkey; in full for their services and subsistance, until the further orders of Congress.

On the question to agree to the foregoing resolution, the yeas and nays being required by Mr. [James] Forbes,

New Hampshire, Mr. Folsom, ay ay Massachusetts Bay, Mr. Gerry, ay Lovell, ay ay Holten, no Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, ay Sherman, no ay Ellsworth, ay ay 0011 3 New York, Mr. Floyd, ay L'Hommedieu, no div. New Jersey, Mr. Fell, ay div. Houston, no Pennsylvania, Mr. Searle, ay McLene, ay ay Shippen, ay Maryland, Mr. Plater, ay div. Forbes, no Virginia, Mr. Griffin, ay ay North Carolina, Mr. Jones, no * South Carolina, Mr. Mathews, ay ay

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 Mr. W[illiam] Ellery, delegate for the State of Rhode Island and Providence Plantations, on his application, for four thousand dollars, for which the said State is to be accountable.

That a warrant issue on the treasurer, in favour of Joseph Carleton, secretary and paymaster to the Board of War and Ordnance, for four thousand dollars, on account of his salary.

That on the application of Chaloner and White, agents for Jeremiah Wadsworth, commissary general of purchases, the following warrants issue in their favour, for six millions of dollars, on account of the said Jeremiah Wadsworth, and for the use of his department, for which sum he is to be accountable, viz.

One on Nicholas Gilman, treasurer of the State of New Hampshire, for three hundred thousand dollars.

One on Henry Gardiner, treasurer of the State of Massachusetts bay, for one million of dollars.

One on Joseph Clarke, treasurer of the State of Rhode Island and Providence Plantations, for seventy five thousand dollars.

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One on John Lawrence, treasurer of the State of Connecticut, for one million five hundred thousand dollars.

One on David Rittenhouse, treasurer of the State of Pennsylvania, for two hundred and fifty thousand dollars.

One on Samuel Patterson, treasurer of the State of Delaware for seventy five thousand dollars.

One on Thomas Harwood, treasurer of the State of Maryland, for five hundred thousand dollars.

One on George Webb, treasurer of the State of Virginia, for seven hundred and fifty thousand dollars.

One on his excellency, Richard Caswell, Esquire, governor of the State of North Carolina, for seven hundred and fifty thousand dollars:

In part of the monies raised by the said States respectively, for the use of the United States.

One on the continental treasurer, for five hundred thousand dollars.

One on Abraham Yates, junior, commissioner of the continental loan office for the State of New York, for one hundred and fifty thousand dollars.

And one on Thomas Harwood, commissioner of the continental loan office for the State of Maryland, for one hundred and fifty thousand dollars.

That on the application of Charles Pettit, assistant quartermaster general, the following warrants issue in his favour for seven hundred and ten thousand dollars, on account of Major General Greene, quartermaster general; who is to be accountable, viz. 1

1 In the original report the amount is given as $660,000.

One on Nicholas Gilman, commissioner of the continental loan office for the State of New Hampshire, for ten thousand dollars.

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One on Nathaniel Appleton, commissioner of the continental loan office for the State of Massachusetts bay, for four hundred thousand dollars.

And on Thomas Harwood Esq. Commissioner of the Continental Loan Office for the State of Maryland for two hundred and fifty thousand dollars.

Office for the State of Maryland for two hundred and fifty thousand

And one on the treasurer, for three hundred thousand dollars. This last to defray the contingent expences of the Virginia troops on their march to the southward. 1

1 This report is in the Papers of the Continental Congress , No. 136, III, folio 935. The final paragraph is in No. 136, IV, folio 1.

Congress resumed the consideration of the report of the committee, appointed to consider of proper salaries for the purchasing commissaries, and for regulating the departments of the commissary and quarter master; and thereupon,

Resolved , That the commissary general of purchases be allowed a salary at the rate of forty thousand dollars by the year, until the further order of Congress; also six rations a day, and forage for four horses.

That an assistant commissary be appointed by the commissary general to each of the states in which it shall be necessary that purchases be made under him, and in which provision shall not have been made by the states respectively for furnishing the necessary supplies.

That the said assistant commissaries be allowed on all good merchantable articles which may be purchased by them, or under their direction respectively, two per cent on twenty fold the prices they were sold at in the year 1774, until the further order of Congress; out of which they shall pay all their agents, and defray the whole expence attending such purchases: nor shall they; nor any of their agents, be entitled 0014 6 to rations or forage, except when called by the necessary business of their department to attend the army.

And in order the better to ascertain such prices;

Resolved , That the executive power of every State be requested to return to the Board of Treasury a list of the commodities usually sold within such State, and the price current in the year 1774; and that copies of such lists be furnished from thence to the commissary general and his assistants:

That the commissary general be directed to keep regular accounts, in which he shall charge all persons belonging to his department with the money advanced to them, and give them credit for the purchases made by them, entering their respective accounts at large; that he check all accounts within his department, and reject improper charges; direct the manner in which the accounts of his respective deputies shall be kept, ordering the articles purchased to be entered under distinct heads, so that the expenditures for each separate article may be seen at one view; that he shall, once in every three months, or oftener if required, exhibit a fair and comprehensive view of the state of his purchases, in columns, the manner in which the same has been expended, and the stock on hand, with the price of each article, and the State, county, and district in which purchased:

That every assistant commissary make monthly returns to the commissary general of the articles purchased, the price, the name of the agent by whom the same were bought, and the persons to whom delivered; or, if still on hand, at what place stored:

That no money be advanced to any assistant commissary until he has made such returns, and accounted for money received, rendering to the commissary general receipts from his agents for the money advanced to them:

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That every assistant commissary call upon his agents for monthly returns of their expenditures; without which returns no further sums be advanced to them; but that they be sued to account for the money in their hands:

That the commissary general of issues be, and he is hereby directed, to make monthly returns of the number of rations issued, to what persons, and at what places, to the Board of War, in order to take their direction as to the continuing such issues.

On passing the first part of the resolution for granting two per cent, &c. to the assistant commissaries, to the words “until the further orders of Congress” inclusive, the yeas and nays being required by Mr. [James] McLene,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Gerry, ay Lovell, ay ay Holten, ay Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Huntington ay Sherman, ay ay Ellsworth, ay New York, Mr. Livingston, ay Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Houston, ay * Pennsylvania, Mr. McLene, no no Maryland, Mr. Plater, ay ay Forbes, ay North Carolina, Mr. Penn, no Burke, no no Jones, no South Carolina, Mr. Mathews, no no

So it was resolved in the affirmative.

Ordered , That so much of the report as relates to the appointment of inspectors be re-committed.

Adjourned to 10 o'Clock on Monday.

MONDAY, JANUARY 3, 1780

The committee, to whom was referred the report of the Board of Treasury; of the 21 December last, for a grant of a million of dollars to Colonel B. Flower, commissary general of military stores, brought in a report; Whereupon,

Resolved , That on the application of the Board of War and Ordnance, a warrant issue on David Rittenhouse, treasurer of the State of Pennsylvania, for one million dollars, being part of the monies raised by the said State for the use of the United States, in favour of Colonel Benjamin Flower, commissary general of military stores; to be by him appropriated for discharging indispensable contracts already made in his department; and for which sum he is to be accountable. 1

1 This report, in the writing of William Floyd, is in the Papers of the Continental Congress , No. 19, II, folio 293.

A letter, of this day, from J. Wadsworth; was read, enclosing a copy of his letter of the same date to the Commander in Chief. 2

2 Wadsworth's letter is in the Papers of the Continental Congress , No. 78, XXIV, folio 159.

The Board of War; to whom was referred the letter of 6th December last, from Andrew Harper; brought in a report; Whereupon;

Resolved , That the sum of ninety-six dollars be allowed to Andrew Harper, for his services from August 1st, to December 11, 1779; he being during that period employed in extra duty by General Hogan, while commanding in Philadelphia. 3

3 This report is in the Papers of the Continental Congress , No. 147, IV, folio 1.

A report of the Board of Treasury was read; Whereupon,

Ordered , That a warrant issue on the treasurer, in favour of Mr. J[ohn] Mathews, a delegate for the State of South Carolina, on his application, for five thousand dollars; for which the said State is to be accountable.

That on the application of Mr. C[yrus] Griffin, delegate for the State of Virginia, a warrant issue on the treasurer, in 0017 9 favour of John Moss, agent for the said State, for one hundred and thirty thousand dollars, to enable him to pay for certain supplies of cloathing, and other necessaries purchased for the use of the troops of the said State in the continental army; the said State to be accountable for that sum till repaid, and for the repayment thereof.

Ordered , That a warrant issue on the board of trade of the State of Virginia, in favour of Charles Pettit, assistant quarter master general, on account of Major General Greene, quarter master general, for one hundred and thirty thousand dollars, to reimburse the like sum this day lent to the said State, for which the said quarter master general is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 3.

The order of the day being called for, to determine the place to which Congress will on the last Saturday in April, adjourn.

A motion was made by Mr. [James] Forbes, seconded by Mr. [Cyrus] Griffin, that the consideration thereof be postponed to the last Monday in February; on which, the yeas and nays being required by Mr. [James] Searle,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Lovell, no Holten, ay ay Partridge, ay Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, ay Sherman ay ay Ellsworth, no New York, Mr. Livingston, ay Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, no no Houston, no Pennsylvania, Mr. Searle, no Muhlenberg, ay ay McLene, ay Shippen, ay 0018 10 Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Burke, ay Jones, ay ay South Carolina, Mr. Mathews, ay ay

So it was resolved in the affirmative.

On motion of Mr. [Robert R.] Livingston, seconded by Mr. [John] Mathews,

Resolved , That the Board of Treasury publish the determination of Congress with respect to the drawing of bills of exchange, agreeable to the resolution of the 27 December last; the terms upon which they are to be sold, and the time on which they will be ready for sale, together with the names of the persons appointed to dispose of the same.

According to order, Congress took into consideration the report of the Medical Committee, viz.

That each and every officer hereafter mentioned and described in this resolve, belonging to the medical department in the hospitals, or army, who is now in the service of the United States, and shall continue therein during the war, and not hold any office or profit under the United States, or any of them, shall after the conclusion of the war, be entitled to receive, annually, for the term of seven years, if they shall live so long, viz; the physicians general, surgeons general, the physician and surgeon general of the army, the deputy directors general, each, a sum equal to the half pay granted and extended to a colonel in the line of the army by a resolve of Congress, of the 15 of May, 1778; the senior surgeons and physicians, assistant deputy directors, and the apothecary general, each, a sum equal to the half pay of a lieutenant colonel, granted and extended by the resolve aforesaid; the junior or second surgeons of the hospitals and the regimental surgeons, each, a sum equal to the half pay of a major in the line, granted and extended as aforesaid; the mates of the regimental surgeons, the apothecary's mates, or assistants, each, a sum equal to the half pay granted and extended to a 0019 11 lieutenant in the line of the army, by the resolve aforesaid; the whole of the foregoing allowances are to be subject in every respect to the same rules, restrictions and limitations, upon which the half pay of the aforementioned officers of the line was granted and extended by the said resolve, of the 15 of May, 1778.

That each of the aforementioned and described officers in the medical department, or their legal representatives, respectively, shall be entitled to the like quantity of lands with the aforementioned and described officers of the line, in due proportion to the sums granted to them respectively by the preceding resolve, upon the same conditions, and subject to the same rules, restrictions and limitations, as the grants of lands to the aforementioned officers of the line, by a resolve of Congress of the 16 September, 1776.

On the question to agree to the first proposition for granting half pay, the yeas and nays being required by Mr. [Roger] Sherman,

New Hampshire, Mr. Peabody, ay Folsom, no Massachusetts Bay, Mr. Holton, ay Lovell, no Partridge, no Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, no Sherman, no no Ellsworth, no New York, Mr. Livingston, ay Floyd, no no L'Hommedieu, no New Jersey, Mr. Fell, no Houston, no no Pennsylvania, Mr. Searle, no Muhlenberg, ay div. McLene, ay Shippen, ay Maryland, Mr. Plater, no div. Forbes, ay Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, no no Burke, no South Carolina, Mr. Mathews, no no 0020 12

So it passed in the negative.

On the question to agree to the second proposition for granting lands, the States were equally divided, and the question lost.

Adjourned to 10 o'clock to Morrow.

TUESDAY, JANUARY 4, 1780

A letter, of 30 December last, from General Washington, was read. 1

1 The draft of this letter is in the Washington Papers, Series A. V, pt. 1, 115.

A letter, of 3 instant, from the Board of Admiralty, was read, enclosing an estimate of supplies wanted for the navy of the United States for the current year:

Ordered , That it be referred to the committee appointed to estimate the supplies to be furnished by the several states. 2

2 A marginal note by Thomson says: “See Dec r 17, '79,” ante , Vol. XV, p. 1391.

A letter, of 3, from R. Bache, postmaster general, was read:

Ordered , That it be referred to the committee on the Post-office.

A motion was made by Mr. [Roger] Sherman, seconded by Mr. [Thomas] McKean:

Ordered , That it be referred to a committee of three:

The members chosen, Mr. [Roger] Sherman, Mr. [William Churchill] Houston, and Mr. [James] Forbes.

A report of the Board of Treasury was read; Whereupon,

Ordered , That a warrant issue on the treasurer, in favour of Mr. J[ohn] Penn, one of the delegates for the State of North Carolina, for six thousand dollars, on his application; for which the said State is to be accountable.

That a warrant issue on his excellency, John Rutledge, Esquire, governor of the State of South Carolina, for two millions of dollars, in part of the monies raised in the said State, for the use of the United States, in favour of W. 0021 13 Palfrey, Esquire, paymaster general, to be by him transmitted to Joseph Clay, deputy paymaster general for the southern department, for the supply of the military chest there; for which sum the said deputy paymaster general is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 7.

Congress took into consideration the report of the committee for establishing a court for the trial of appeals.

And a motion being made by Mr. [John] Mathews, seconded by Mr. [Thomas] Burke, that the said Court shah sit at the place where Congress, or the committee of the States, in the recess of Congress shall hold their sessions; on motion, the words after “sit at” were struck out, and in the room thereof, it was moved by Mr. [James] Forbes, seconded by Mr. [John] Penn, to insert the words “the city of Philadelphia;” on which the yeas and nays being required by Mr. [Nathaniel] Peabody,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Lovell, ay Holten, no ay Partridge, ay Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, no, Sherman, no no Ellsworth, no New York, Mr. Livingston, ay Floyd, no no L'Hommedieu, no New Jersey, Mr. Fell, ay div Houston, no Pennsylvania, Mr. Searle, no Muhlenberg, ay ay McLene, ay Delaware, Mr. McKean, ay ay Maryland, Mr. Plater, ay ay Forbes ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, ay ay 0022 14

So it was resolved in the affirmative.

On the question to agree to the motion, as amended, the yeas and nays being required by Mr. [George] Partridge,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. LoveIl, ay Holten, no no Partridge, no Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, no Sherman, no no Ellsworth, no New York, Mr. Livingston, no Floyd, no no L'Hommedieu, no New Jersey, Mr. Fell, ay div. Houston, no Pennsylvania, Mr. Searle, no Muhlenberg, ay no McLene, no Delaware, Mr. McKean, ay ay Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay ay Burke, ay South Carolina, Mr. Mathews, ay ay

So it passed in the negative.

A motion was then made by Mr. [Robert R.] Livingston, seconded by Mr. [Roger] Sherman.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JANUARY 5, 1780

A report from the Board of War was read, recommending the advance of a sum of money in specie to the prisoners who are in possession of the enemy;

At a Board of War , January 4th, 1780 .

Present, Col Pickering, M r Peters, Col o Grayson.

The Board having taken into consideration, the memorial of sundry officers of the American army, at present in captivity on Long Island, in the State of New York, respecting a farther allowance of subsistence, 0023 15 also the letters of Col Beatty Commissary General of prisoners, and sundry other papers, beg leave to report. That it appears to the Board, that accidental preferences have been given in some instances to particular officers, owing as well to local circumstances, as to the want of a certain ratio, by which the subsistence of each respective claimant might be ascertained agreeable to the length of time he had been in captivity.

It appears farther to the Board, that twenty six officers taken at Fort Montgomery the 6 th of October 1777, fourteen taken between the 6 th of October 1777, and May 1778, and seventeen taken the 22 nd of August 1777 at Staten Island, have received the sum of thirty two pounds New York money, more than the memorialists who were captured about the same period of time. That moreover those who were on parole upon Long Island before the arrival of the Philadelphia prisoners at New York, have received an allowance of two dollars a week for their board, of which these confined in Philadelphia had not the benefit.

Resolved , Therefore, That as Congress mean to extend their care and attention without distinction to all their officers who have the misfortune to be captured by the Enemy, the sum of £4194 New York money in specie be placed in the hands of Col o Beatty Corn General of prisoners, out of which he be directed to pay to each of the memorialists the sum of thirty two pounds like money, and the farther sum of to the same persons respectively, to be computed at the rate of two dollars a week, from the time of their being made prisoners, until their board was paid by the public.

That a farther sum of money in specie equal to £1493 N York currency be put into the hands of Col Beatty for the purpose of levelling all the officers, agreeable to the different terms of their Captivity, to the end that each individual may according to his circumstances participate of an equal share of the Public provision.

And whereas it hath been represented to Congress, that a farther sum of money is requisite for all the officers in Captivity, to enable them to purchase Clothing, and other necessaries for immediate use.

Resolved , That the sum of £9332 New York currency, in specie be advanced to the Commissary Gen 1 of prisoners, which he be directed to distribute among all the officers on parole with the Enemy, and that the consideration of any farther allowance, or comparative preference be postponed to some future period. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 5. A copy of the report was read February 28 (see post on that date) and is on folio 199.

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On which a motion was made by Mr. [John] Mathews, seconded by Mr. [James] McLene, 1

1 This motion, in the writing of John Mathews, is in the Papers of the Continental Congress , No. 147, IV, folio 23.

Ordered , That the report and motion be referred to the Board of Treasury, and that they report thereon as speedily as possible.

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

Ordered , That on the application of the committee, to whom two letters, one from the Commander in Chief, and the other from the commissary general of purchases, were referred on the 8th day of October last, a warrant issue, on his excellency, John Rutledge, Esquire, governor of the State of South Carolina, for one million of dollars, in part of the monies raised in the said State for the use of the United States, in favour of George Abbot Hall and John Lewis Gervais, Esquires, of the said State, appointed by the committee aforesaid to purchase a quantity of rice for the army of the United States and the fleet of Count D'Estaing; the said George Abbot Hall and John Lewis Gervais to be accountable.

That a warrant issue on Gibbs, Parker and Blake, commissioners of the continental loan office, for the State of South Carolina, for two hundred thousand dollars, in favour of William Palfrey, paymaster general, to be transmitted to Joseph Clay, deputy paymaster general in the southern department, for the supply of the military chest there; the said deputy paymaster general is to be accountable.

That a warrant issue on the treasurer, in favour of William Palfrey, paymaster general, for two hundred thousand dollars, for the use of his department; for which he is to be accountable.

The Board having taken in consideration the memorial of Francis Hopkinson, Esqr., Treasurer of Loans referred to them by Congress on the 31 st ult. beg leave further to report the following resolution:

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Resolved , That the Treasurer of Loans be allowed 1/32 per cent for his trouble in signing the bills of exchange ordered to be drawn by the resolution of the 23 d of November last, in keeping Postponed. books, writing letters of advice, and performing any other Duties incident to this appointment. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 11.

Resolved , That a member be added to the Committee on Appeals, in the room of Mr. [William] Paca, who is absent:

The member chosen, Mr.[Oliver] Ellsworth.

Congress resumed the consideration of the report of the committee on a plan for establishing a court of appeals,

And on the motion of Mr. [Robert R.] Livingston, viz.

“That the judges of the said court hold their sessions at such time and place, as shall appear to them most advantageous to the public, having respect to the number of appeals depending and the places in which the causes may arise; provided that the court shall at no time be held to the southward of Williamsburg in Virginia, or to the eastward of Hartford in the State of Connecticut,”

The yeas and nays being required by Mr. [James] Forbes,

New Hampshire, Mr. Peabody, ay ay Folsom, ay Massachusetts Bay, Mr. Holten, ay div. Partridge, no Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, no New York, Mr. Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, ay ay Houston, ay Pennsylvania, Mr. Muhlenberg, ay McLene, ay ay Shippen, ay Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, no Jones, no South Carolina, Mr. Matthews, no no 0026 18

So the States were equally divided, and the motion lost.

Congress proceeded in the consideration of the report and the determination of the question,

“That the trial of all captures in the courts of admiralty be according to the usage of nations and not by jury,” was put off by the State of Pensylvania.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, JANUARY 6, 1780

A letter, of 5th, from E. Blaine, commissary general of purchases, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 165, folio 311.

Ordered , That it be referred to the committee appointed to ascertain proper salaries for the purchasing commissaries, &c.

A memorial from Colonel N. Gist, in behalf of the officers of his corps, was read: 2

2 This memorial, undated, is in the Papers of the Continental Congress , No. 41, III, folio 461.

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

A petition of Joseph Mead was read:

Ordered , That it be referred to the Committee of Commerce to take order thereon.

A representation from the legislature of the State of New Jersey; 3

3 This representation, dated December 25, 1779, is in the Papers of the Continental Congress , No. 68, folio 515.

A letter, of 19th November, from G. Morgan, and a petition from Thomas Bentley, were read. 4

4 Bentley's petition, dated January 4, 1780, is in the Papers of the Continental Congress , No. 42, I, folio 201; Morgan's letter is in No. 163, folio 345.

On the question to agree to the question, the determination of which was yesterday postponed, the yeas and nays being required by Mr. [John] Mathews,

0027 19 New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Holten, no no Partridge, no Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Huntington, no div. Sherman, ay New York, Mr. Livingston, ay ay Floyd, ay New Jersey, Mr. Fell, ay div. Houston, no Pennsylvania, Mr. Searle, ay Muhlenberg, McLene ay ay Shippen, ay Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, no South Carolina, Mr. Mathews, no no

So it was resolved in the affirmative.

Congress proceeded in the consideration of the report respecting the establishing a court of appeals.

The Committee on the Post Office delivered in a report.

That upon a conference with the Gentlemen of the post office, your Committee are of opinion until the farther orders of Congress that the surveyors of the post office be allowed their reasonable expences in travelling the roads an account of such expences to be rendered every three months to the post master General upon oath, and that a late resolution of Congress giving 40 dollars a day be repealed.

Resolved , that as the business of the post office will henceforward be greatly accumulated, and its revenue at least twenty times increased, that the post master General be allowed at the rate of 10,000 dollars a year until the farther order of Congress, being only ten times the original salary. 1

1 This report is in the Papers of the Continental Congress , No. 61, folio 465. It is endorsed by Thomson: “The first part passed January 7, 1780; latter part relative to postmaster general postponed.”

Adjourned to 10 o'Clock to Morrow.

FRIDAY, JANUARY 7, 1780

A petition of John Streeper was read: 1

1 This petition, dated January 3, 1780, is in the Papers of the Continental Congress , No. 42, VII, folio 81.

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

A report of the Board of Treasury was read; Whereupon,

Ordered , That a warrant issue on the managers of the United States lottery for the sum of thirty thousand dollars, in favour of Charles Pettit, Esquire, assistant quarter master general, on account of Major General Greene, quarter master general, to be applied to the forwarding provisions to the army in New Jersey; and for which he is to be accountable.

That a warrant issue on the treasurer, in favour of Peter Knight, merchant in Philadelphia, for the sum of two hundred and fifty dollars, to discharge the first bill of exchange drawn on the said treasurer by Samuel Johnston, treasurer of the northern district in North Carolina, dated the 16th day of March, 1777, for that sum, to be charged to the said State. 2

2 This report is in the Papers of the Continental Congress , No. 136, IV, folio 15.

The committee, to whom was referred the letter of 5th, from E. Blaine, brought in a report; Whereupon,

Resolved , That the commissary general of purchases be empowered to appoint an assistant, whose duty it shall be to remain at headquarters and receive the directions of the Commander in Chief and the commissary general.

That the said assistant be allowed a salary at the rate of 10,000 dollars per annum, two rations a day, and forage for one horse, until the farther order.of Congress.

That the coopers, butchers, packers, drovers and superintendants of cattle, be under the regulations and directions formerly established by resolutions of Congress:

That a letter be written to the governor of Connecticut, representing the apprehensions of Congress on account of the 0029 21 small supply of beef, and requesting the immediate aid of the legislature of that State to the commissary general or his assistant, in procuring and forwarding the same; the expence of which Congress will find means to defray, or credit to the State, in part of their quota of supplies.

Ordered , That such parts of the letter, of 5, from E. Blaine, as relate to a supply of money be referred to the Board of Treasury. 1

1 This report, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress , No. 19, I, folio 369.

A representation from the supreme executive council of Pensylvania, respecting the barracks near the city of Philadelphia, and the barrack master's department, was laid before Congress: 2

2 This representation, dated December 24, 1779, is in the Papers of the Continental Congress , No. 43, folio 239.

Ordered , That it be referred to the Board of War, and that they be directed to discharge immediately the supernumerary officers in the barrack master's department, and take further order thereon.

Resolved , That when expresses are wanted for forwarding dispatches from Congress, or any of their committees, application be made to the Board of War; who are to provide the same:

Ordered , That the Committee of Commerce dispose of the sugar and coffee in their possession in this city, in such manner as they shall deem most for the public interest.

Congress took into consideration the report of the Committee on the Post Office: Whereupon,

Resolved , That until the further order of Congress, the surveyors of the post office be allowed their reasonable expences in travelling the roads; an account of such expences to be rendered every three months to the post master general, upon oath; and that a late resolution of Congress, giving forty dollars a day, be repealed.

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Ordered , That the remainder of the report be postponed.

Congress resumed the consideration of the report of the committee for establishing a court of appeals; when

A motion was made by Mr. [William] Ellery, seconded by Mr. [Roger] Sherman,

That the judges of the said court hold their sessions at the city of Philadelphia, in the State of Pensylvania, at Williamsburg, in the State of Virginia, and at Hartford, in the State of Connecticut, and at such other places not to the eastward of Hartford, nor to the southward of Williamsburg, and at such times as they shall judge will be most for the public benefit.

A motion was made by Mr. [Thomas] Burke, seconded by Mr. [Oliver] Ellsworth, to strike out all that follows the word, “Pensylvania,” in order to insert in lieu thereof, the words “or at the place where Congress, or the committee of the States, in the recess of Congress, shall sit.” On the question, shall the words moved to be struck out, stand, the yeas and nays being required by Mr. [Thomas] Burke,

New Hampshire, Mr. Peabody, ay Folsom, ay ay Massachusetts Bay, Mr. Holten, ay ay Partridge ay Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Huntington, ay Sherman, ay ay New York, Mr. Livingston, ay Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, no div. Houston, ay Pennsylvania, Mr. Muhlenberg, no div. McLene, ay Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, no no North Carolina, Mr. Burke, no no Jones, no no South Carolina, Mr. Mathews, no no 0031 23

So it was resolved in the affirmative.

On the question to agree to the motion,

Resolved , in the affirmative.

A motion was made by Mr. [Thomas] Burke, seconded by Mr. [John] Mathews,

“That one judge of the court of appeals shah be an inhabitant of the State of Virginia, North Carolina, South Carolina, or Georgia; one, an inhabitant of Maryland, Delaware, Pennsylvania, New Jersey, or New York; and one, an inhabitant of the State of Connecticut, Rhode Island, Massachusetts Bay, or New Hampshire.”

When the question was about to be put, the previous question was moved by Mr. [John] Penn, seconded by Mr. [Nathaniel] Folsom,

On which, the yeas and nays being required by Mr. [Thomas] Burke,

New Hampshire, Mr. Peabody, ay ay Folsom, ay Massachusetts Bay, Mr. Holten, ay Partridge, ay ay Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, ay New York, Mr. Livingston, ay Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, ay ay Houston, ay Pennsylvania, Mr. Searle, ay McLene, ay ay Shippen, ay Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, ay div. Burke, no South Carolina, Mr. Mathews, no no 0032 24

So it was resolved in the affirmative, and the main question was set aside.

A motion was made by Mr. [Nathaniel] Peabody, seconded by Mr. [James] McLene,

“That all bona fide claimants of property in any capture praying an appeal, shall be allowed the same, unless restrained by a law of the State to which such claimants belong.”

On which, the yeas and nays being required by Mr. [Samuel] Holten,

New Hampshire, Mr. Peabody, ay ay Folsom, ay Massachusetts Bay, Mr. Holten, ay Partridge, ay ay Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, no Sherman, ay no Ellsworth, no no New York, Mr. Livingston, no Floyd, no no L'Hommedieu, New Jersey, Mr. Fell, no no Houston, no Pennsylvania, Mr. Searle, ay Muhlenberg, ay ay McLene, ay Shippen, ay Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, no no no North Carolina, Mr. Penn, no no Burke, no South Carolina, Mr. Mathews, no no

So it passed in the negative.

On motion of Mr. [James] Searle, seconded by Mr. [Roger] Sherman,

Ordered , That the Board of Treasury for the present suspend the publication relative to the sale of bills of exchange.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JANUARY 8, 1780

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

Resolved , That the resignation of Lieutenant Joseph Hire, of the 8th Virginia regiment, be accepted. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 45.

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

At A Board Of War , Jany 7, 1780 .

Present M r Peters, Col o Grayson.

The Board having taken into consideration the memorial of Col. Nathaniel Gist, and a letter from Lieu t Kelly, respecting an allowance for their trouble in going to the Cherokee Country by order of his Excellency the Commander in Chief—are of opinion, that as this service was out of the line of duty of continental officers, and which they were not obliged to execute in virtue of their commissions, they ought to receive reasonable compensations which it seems is alledged was promised by the General before they would undertake to do the business.

Therefore the Board beg leave to recommend, That it be Resolved,

That Col o Nath 1 Gist be paid the sum of five thousand dollars for his trouble and services, and the hazard he run in going twice to the Cherokee nation, to treat with them by order of the Commander in Chief.

That L t Kelly be paid one thousand dollars for his trouble in going with Col Gist to the Cherokee nation.

Ordered , That Colonel Gist's account of sundries expended for the public service, be referred to the Board of Treasury. 2

2 This report is in the Papers of the Continental Congress , No. 147, IV, folio 49.

A note is added to the report: “The account referred to, Col. Gist has in his own possession.”

That the report of the Board of War for granting a compensation to Colonel Gist, and Lieutenant Kelly, for their trouble, expence and hazard in going to the Cherokee country, be postponed.

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

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At A Board Of War , Jany 7 th 1780 .

Present Col Pickering, M r Peters, Col o Grayson.

The board having taken into consideration the letter from Major Gen l Lincoln of Dec r the 2 d 1779, referred to them by Congress, beg leave to report,

That so much of Gen l Lincolns letter as relates to money, be referred to the Treasury board.

With respect to the 500 dollars to be paid by the Quarter Master General under the resolution of August the 12 th 1778 to such officers authorized to be in the field on horse back; who shall have their horses killed in action, the board are of opinion, that however adequate this sum might be at the time of making the resolve, yet at present, it, is on account of the great depreciation of the money—by no means equal to the object Congress had in view, and therefore recommend,

Resolved , That, every officer in the army of the United States, whose duty requires his being on horse back in time of action, be allowed a sum not exceeding the average price given at the time in the department, or place where the accident shall happen for homes purchased for private dragoons, as a compensation for any horse he shall have killed in battle. This resolution to have retrospect as far as the 1 st of January 1779 and the quarter master general or his deputy is hereby authorized to pay the value of such horses, not exceeding the said price, to the respective sufferers, on the facts being properly authenticated.

In regard to the Georgia Regiments, and the Officers of the Gallies and of the light Dragoons who are on Continental establishment—the board are of opinion and beg leave to report,

Resolved , That the four Georgia regiments be reformed, and no more officers retained in the service than are necessary for two regiments;

That the commanding officer of the Southern army establish some equitable rule for the arrangement of the said officers; and such as are left out of the arrangement be 0035 27 deemed supernumeraries, agreeably to the rules adopted in the main army, and entitled to the benefits allowed by the resolution of the 24 November, 1778;

That such of the officers as are retained in service shall be employed, until the regiment can be recruited, in such way as the said commanding officer shall deem most conducive to the public interest;

That the Georgia officers of the Gallies and of the light dragoons who are on continental establishment be considered as supernumeraries.

The board would have proposed reducing the Georgia regiments to one, agreeably to the regulation of the late Committee of arrangement, were it not for the singular circumstances attending them at this time from the operations of the Enemy in that State, and a hope that an African regiment may be raised for one of the corps of officers. The principal circumstance we allude to, is the distress that must attend the reduced Officers, at present expatriated, and we think it would be impolitic at this time to hazard their disgust. Yet the reduction to two regiments we conceive may not be difficult, as numbers of the Officers belong to other States who could with less inconvenience quit the service. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 41.

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

The Board of Treasury having according to order reconsidered their report of the 27 ult. on the account of Benjamin Randolph beg leave to report the following resolution:

Ordered , That a warrant issue on the treasurer, in favour of Benjamin Randolph, of Philadelphia, for four thousand, three hundred and sixty three dollars and 21/90 for the use of his house, and sundry articles of furniture, from the 14th of December, 1778, to the 25 of March, 1779, and for sundry necessaries furnished to Mr. [John] Jay, late President of Congress while the said house was occupied by him.

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That a warrant issue on the treasurer, in favour of Jesse Brown, for three thousand, one hundred and sixty dollars and 45/90, the ballance of his account of expenses in conducting Mrs. Huntington wife of the Honorable the President from Norwich in Connecticut to Philadelphia to be charged to the contingent expenses of to be charged to the United States. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 19.

A report from the Board of Admiralty was read; Whereupon

Board Of Admiralty , 8 th Jany ., 1780 .

The board beg leave to represent to Congress that application being made to the Navy board for the pay of fifteen Marines enlisted during the war and doing Garrison duty, think themselves intitled to the same allowance as that given to the army by a resolve of Congress of the 18 th of August last, which is submitted to Congress for their directions thereon. 2

2 This report is in the Papers of the Continental Congress , No. 37, folio 173.

Resolved , That the marines of the navy of the United States, whilst doing garrison duty, be allowed the same subsistance monies as is allowed to the officers and soldiers in the line of the army by the resolution of Congress of 18 August, 1779.

A motion was made by Mr. [Roger] Sherman, seconded by Mr. [Nathaniel] Peabody, relative to the additional battalions:

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

A motion was made by Mr. [Robert R.] Livingston, seconded by Mr. [John] Penn,

Ordered , That the consideration thereof be postponed till Monday next,

Ordered , That a warrant issue on the treasurer, in favour of E. Blaine, commissary general, for two hundred thousand dollars, for the use of his department, and for which he is to be accountable.

0037 29

Congress resumed the consideration of the report of the committee for establishing a court of appeals, when a motion was made by Mr. [James] McLene, seconded by Mr. [Nathaniel] Peabody, to add to the resolutions already passed, as follows, Provided that nothing in the foregoing resolutions shall be construed to admit an appeal in any case where all the parties concerned are citizens of one and the same State, unless allowed by the legislature of the said State.

When the question was about to be put, the previous question was moved by Mr. [John] Penn, seconded by Mr. [Cyrus] Griffin, on which the yeas and nays being required by Mr. [Samuel] Holten,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Holten, no no Partridge, no no Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Huntington, no Sherman, no no Ellsworth, ay New York, Mr. Livingston, ay Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, no no Houston, no Pennsylvania, Mr. Searle, no no McLene, Delaware Mr. McKean no no Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, ay ay

So the states were equally divided, and the previous question lost. On the question to agree to the main question, the yeas and nays being required by Mr. [Samuel] Holten,

0038 30 New Hampshire, Mr. Peabody, ay ay Folsom, ay Massachusetts Bay, Mr. Holten, ay ay Partridge, ay Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, no Sherman, ay no Ellsworth, no New York, Mr. Livingston, no Floyd, no no L'Hommedieu, no New Jersey, Mr. Fell, ay ay Houston, ay Pennsylvania, Mr. Searle, ay ay McLene, ay Delaware, Mr. McKean, no no Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, no Burke, no no Jones, no South Carolina, Mr. Mathews, no no

So it passed in the negative.

The whole resolutions as agreed to in the house, being read, as follows:

Resolved , That the trials in the courts of admiralty, in cases of captures, be according to the usage of nations and not by jury.

That all exhibits, evidence and proceedings be in writing and at full length.

That the judges of the courts of admiralty in the several states shall order and direct all captures, to be inventoried and appraised in current money, and according to current prices, which inventory and appraisement shall be filed in the said court.

That a court be established for the trial of all appeals from the courts of admiralty in these United States, in cases of captures, to consist of three judges learned in the law, appointed and commissioned by Congress, that any 0039 31 two of them in the absence of the other hold the said court for the dispatch of business.

That the said court of appeals have all the powers of a court of record, in fining and imprisoning for contempts and disobedience.

That the courts of admiralty, and all officers of the said courts pay obedience to the decrees and orders of the said court of appeals, so far as may be necessary for the carrying into execution the decrees of the said court.

That the judges of the said court hold their sessions at the city of Philadelphia in the State of Pensylvania, at Williamsburg in the State of Virginia, and at Hartford in the State of Connecticut, and at such other places not to the eastward of Hartford, nor to the southward of Williamsburg, and at such times as they shall judge will be most for the public benefit.

That the judges of the court of appeals be authorised to appoint a register and marshal of the said court and the same to remove at pleasure.

That all fines imposed by the court of appeals be collected by the register and paid into the continental treasury.

That no appeal be admitted unless demanded within five days after definitive sentence in the court of admiralty and lodged with the register of the court of appeals within forty days afterward, and unless the party appealing shall have given good and sufficient surety to prosecute the said appeal to effect, and be answerable for costs and charges in case the sentence is confirmed.

That each of the judges of the court of appeals shall be allowed a salary at the rate of 30,000 dollars per annum for their services and expences, until the further order of Congress.

That a duty of one per cent on the appraised value of all prizes, the trial of which shall come before the said court, 0040 32 shall be paid into the continental treasury, out of which shall be defrayed the charges of the said court of appeals; and the overplus, if any, shall be applied to the support of seamen disabled in the service of the United States.

On the question to agree to the whole of the foregoing regulation, the yeas and nays being required by Mr. [Samuel] Holten,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Holten, no no Partridge, no Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, ay New York, Mr. Livingston, ay Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, ay ay Houston, ay Pennsylvania, Mr. Searle, ay Muhlenberg, ay ay McLene, ay Delaware, Mr. McKean, ay ay Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, no no Burke, no South Carolina, Mr. Mathews, no no

So the States were equally divided, and the question lost.

On motion of Mr. [William Churchill] Houston, seconded by Mr. [John] Mathews,

Resolved , That a committee of four be appointed to prepare a plan for establishing a court of appeals, and that the papers before the House on that subject be referred to them.

The members chosen, Mr. [Oliver] Ellsworth, Mr. [Thomas] McKean, Mr. [William Churchill] Houston, and Mr. [Robert R.] Livingston.

Adjourned to 10 o'Clock on Monday.

MONDAY, JANUARY 10, 1780

A letter, of this day, from Jeremiah Wadsworth, was read:

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

A letter was read, signed Charles Lee, but not in his handwriting, in the words following:

‘ Berkeley County ,

Sir, I understand that it is in contemplation of Congress on the principle of œconomy to strike me out of their service. Congress must know very little of me, if they suppose that I would accept of their money since the confirmation of the wicked and infamous sentence which was passed upon me. I am, Sir, your most obedient servant,

Charles Lee .

Excuse my not writing in my own hand, as it is wounded.

Charles Lee .

“ Superscribed, ”The honble President of Congress, Philadelphia.” 1

1 This letter is in the Papers of the Continental Congress , No. 158, folio 143.

A motion was made by Mr. [James] McLene, seconded by Mr. [John] Penn,

That Major General Charles Lee be informed, that Congress have no farther occasion for his services in the army of the United States.

A motion was made by Mr. Gerry , [Thomas] McKean, seconded by Mr. [Robert R.] Livingston,

That the consideration of the motion be postponed; on which the yeas and nays being required by Mr. [John] Penn,

New Hampshire, Mr. Peabody, ay div. Folsom, no Massachusetts Bay, Mr. Gerry, ay Holten, no no Partridge no Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Huntington, no no Sherman, no New York, Mr. Livingston, ay Floyd, ay ay L‘Hommedieu ay 0042 34 New Jersey, Mr. Fell, no no Houston, no Pennsylvania, Mr. Muhlenberg, no McLene, no no Shippen, no Delaware, Mr. McKean, ay ay Maryland, Mr. Plater, ay div. Forbes, no Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, no div. Jones, ay South Carolina, Mr. Mathews, ay ay

So it passed in the negative.

On the question to agree to the main question, the yeas and nays being required by Mr. [John] Penn,

New Hampshire, Mr. Peabody, no div. Folsom, ay Massachusetts Bay, Mr. Gerry, div. Holten, ay Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, ay ay Sherman, ay New York, Mr. Livingston, no Floyd, no no L'Hommedieu, no New Jersey, Mr. Fell, ay ay Houston, ay Pennsylvania, Mr. Muhlenberg, ay ay McLene, ay Delaware, Mr. McKean, ay ay Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin no no North Carolina, Mr. Penn, ay div. Jones, no South Carolina, Mr. Mathews, no no

So it was resolved in the affirmative.

A letter, of this day, from Charles Pettit, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 192, folio 277.

Ordered , That it be referred to the Committee on the Post Office, to take order thereon.

0043 35

A letter, of 10th, from the Board of War, was read, enclosing a letter, of 5, from Asa Worthington: 1

1 The letter of the Board of War is in the Papers of the Continental Congress , No. 148, I, folio 5.

Ordered , That the same be referred to the committee of the 17th December, for estimating the supplies to be furnished by the several states.

A letter, of 8, from the Board of War, was read, respecting the continuing the purchase of cloathing:

War Office , January 8, 1780 .

Sir : The board think it proper to inform Congress that owing to the present situation of the public finances which preclude a possibility we presume of proper supplies, and with a hope that the measure tho' dictated to us by necessity may produce salutary effects, we have directed no purchases of cloathing to be made by our agents, until they receive farther orders from us. We are not justified in this by any appearances of a sufficient supply being provided for the troops who are not in a condition in this respect even comfortable, there being a great deficiency of many of the articles of cloathing, and but a bare supply of any. The articles of blankets, hose or woolen overalls, shirts and shoes are distressingly wanted. Hats also are very scarce. The States one or two excepted, have done little towards the cloathing of the troops, and we were never in a situation to make an ample provision, even when money was more abundant than it now is. At present tho' goods are repeatedly offered to us, we have it not in our power to pay for any articles of consequence. After thus having stated the matter to Congress we shall wait their directions, and assistance if it should be deemed proper for us to proceed in purchasing, a business to which we have often told Congress we deem ourselves inadequate, but which we have prosecuted with as much attention as our other business would permit tho' the task has ever been unpleasant from a conviction that it was impossible for us to execute it with advantage to the public interest. Nor will this matter in our humble opinion ever be on a proper footing, until either every State shall clothe its own quota of troops, or some person who has no other business be appointed to make the provision Continentally . But we hope the supplies expected from Europe, will supercede the necessity of any other provision. Whether our hopes are 0044 36 well founded Congress best know. We have never been perfectly satisfied ourselves and therefore we never could satisfy the anxious enquiries of the officers of the certainty of these supplies. And we take the liberty of mentioning to Congress our opinion, which was strengthened by the like sentiment expressed on this subject by Mons r Gerard, that however well inclined the court and the officers of France may be to accommodate the United States, their wishes will never be gratified, unless a person having a knowledge of goods, and attentive to business is appointed to be on the spot, and superintend the providing and shipping the articles. Indeed this is a measure so obviously necessary, that we presume it must have occurred to, and is perhaps ordered by Congress.

Before we quit this subject we beg leave to mention the repeated applications and uneasiness of the officers of the Line, not provided for by any State and of the staff in general. These applications have been more frequent and the uneasiness more inflamed by the publication of the late Resolution of Congress directing how the cloathing was to be distributed, which led the Officers to believe there was some provision made of articles subject to the disposition directed by that Resolution. We must therefore renew our application that some means of satisfying the demands of these officers may be directed by Congress, tho' when we consider the amount of the sums necessary for this purpose we perceive difficulties almost insuperable at this late period. 1

1 This report is in the Papers of the Continental Congress , No. 148, I, folio I.

Ordered , That the suspension be taken off, and that the Board of Treasury proceed in the publication relative to the sale of bills of exchange.

Congress took into consideration the motion made by Mr. [Robert R.] Livingston; after debate,

Resolved , that the Commander in Chief be directed to dismiss all the Troops whose times will expire by the 1 st day of April next who shall be willing to receive their discharge.

Resolved , that the number of Regiments be reduced to sixty and the soldiers of such regiments, incorporated with those that remain upon the establishment.

Resolved , that the Board of War report a plan for such reduction.

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Resolved , that the reduced officers be allowed full pay exclusive of rations and subsistence money during the war, and such other allowance after the war as is made to those officers who have served during the war.

Resolved , that any vacancy in the sixty battallions be filled up by officers from the reduced regiments having respect to the States to which such regiments belong. 1

1 This motion, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress , No. 36, I, folio 53. It is endorsed “11 th January the Committee sent a copy of the resolutions to General Washington and requested his opinion thereon. January 29, 1780, referred to the Board of War.” Draft of Washington's reply, dated Jan. 23, 1780, is in the Washington Papers, A. V., pt. 1, 153. It is printed in The Writings of Washington (Ford), VIII, 174.

A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Nathaniel] Peabody, That it be referred to a committee of three, that the committee repair to headquarters, consult General Washington on the subject thereof, and report to Congress; and that the committee in conjunction with the General be authorised to take such measures as they may judge necessary, for obtaining immediate supplies of provision for the army. A division was called for and on the question to agree that it be referred to a committee,

Resolved in the affirmative.

Another division was called for, and on the question on the first part, directing the committee to repair to headquarters, the yeas and nays being required by Mr. [Elbridge] Gerry,

New Hampshire, Mr. Peabody ay ay Folsom, ay Massachusetts Bay, Mr. Gerry, ay Holten, ay ay Partridge, ay Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, no Sherman, no Ellsworth, ay New York, Mr. Livingston, no Floyd, no no L'Hommedieu, no 0046 38 New Jersey, Mr. Fell, no no Houston, no Pennsylvania, Mr. Searle, no McLene, no no Shippen, no Delaware, Mr. McKean, no no Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, no no Burke, no South Carolina, Mr. Mathews, no no

So it passed in the negative, and the remaining part of the motion fell of course.

Congress proceeded to the election of a committee, and the ballots being taken,

Mr. [Elbridge] Gerry, Mr. [Robert R.] Livingston and Mr. [John] Mathews, were elected.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, JANUARY 11, 1780

A letter, of 10, from the Board of War, was read:

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

A letter, of 10, from the Board of War, was read, stating the case of Lieutenant Vaudoré, and accompanied with a resolution for granting him the brevet of captain, and a sum of money to enable him to return to France. 1

1 This letter is in the Papers of the Continental Congress , No. 148, I, folio 13; the first letter of the Board of War is on folio 9.

On the question to agree to the said resolutions,

Passed in the negative.

A letter, of 7, from George Morgan, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 163, folio 347.

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

A report from the Board of Treasury was read, relative to the report of James Milligan, late one of the commissioners of accounts, and authorized by special appointment of the 0047 39 Board, on the 21 day of June last, in consequence of an order of Congress of the 7th of the same month, to repair to Virginia, and settle the accounts of the United States against the troops of the convention of Saratoga; and the correspondence between the said James Milligan and Major General William Phillips, senior officer of the said troops; together with sundry other papers relative to the said accounts: Whereupon,

Resolved , That for facilitating the settlement of the accounts of the United States against the troops of the Convention of Saratoga, which have arisen subsequently to those settled and paid by Lieutenant General Burgoyne, previous to his departure for England, all articles proper to be included be charged at the same rates as the like articles were charged in the accounts settled between Major General Heath and Lieutenant General Burgoyne.

That all supplies hereafter furnished to the said troops be charged in like manner.

That Major General Phillips, now in New York on parole, be required to have the amount due for provisions and other articles supplied to the said troops, in the months of March, April, May, June, July and August, 1778, and January, February, March, April, May, June and July, 1779, forthwith discharged, agreeably to the resolutions of Congress of the 19 December, 1777, and 22 May, 1778.

That if Major General Phillips shall persist in refusing to discharge the said accounts, demand thereof be made from General Sir Henry Clinton, or the officer commanding in chief the British forces at New York.

That in case of non-compliance in this resort, the guards be thereupon doubled, at the expence of the British government, and the said troops kept on half allowance for the space of one month; on one third allowance for the succeeding month; and thence forward one fourth allowance, till further 0048 40 order shall be taken for the equitable adjustment of the premises.

That the mode adopted by George Rice, assistant deputy quartermaster general, at Charlotteville, for apportioning the charges of supplies furnished by the quartermaster general's department to the troops of the Convention, and the guards, appears to be the only practicable one left for adjusting the same.

That the quartermaster general be directed to take effectual care that the accounts of all supplies which may in future be furnished by his department for the said Convention troops, be kept separate from the accounts of supplies furnished for the guards.

That the Board of Treasury be authorised and directed to commission and instruct some suitable person or persons to compleat the final settlement of the said accounts, and receive the sums due thereon, or the articles delivered in kind, on the part of the enemy.

That the said Board give the necessary orders for collecting the vouchers and preparing the accounts of the supplies furnished to the said Convention troops, from the 1st. of September to the 31 December, 1778, and from 1st. August to the 31 December, 1779. 1

1 These resolutions were also entered in the manuscript Secret (Domestic) Journal. The report is in the Papers of the Continental Congress , No. 136, IV, folio 23.

Another report from the Board of Treasury was read; Whereupon,

Ordered , That on the application of Charles Pettit, assistant quartermaster general, a warrant issue in his favour, on Joseph Borden, commissioner of the continental loan office for the State of New Jersey, for twenty thousand dollars, on account of Major General Greene, quarter master general, and for the use of his department; for which he is to be accountable.

0049 41

That a warrant issue on the treasurer, in favour of Richard Philips, steward to the President of Congress, on his application, for five thousand dollars for the use of the President's table ; for which he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 27.

A motion was made by Mr. [John] Mathews, seconded by Mr. [James] McLene, for apportioning to the States their quotas of the bills of credit emitted by Congress:

Ordered , That it be referred to a committee of five.

The members chosen, Mr. [John] Mathews, Mr. [Roger] Sherman, Mr. [Elbridge] Gerry, Mr. [Robert R.] Livingston, and Mr. [William Churchill] Houston.

Ordered , That the letter of 25 December, from Baron Micklasrewiz, be referred to the Board of War.

A memorial from the honble the Minister Plenipotentiary of France was read:

Ordered , That it be referred to a committee of four.

The members chosen, Mr. [William] Ellery, Mr. [James] Searle, Mr. [Oliver] Ellsworth, and Mr. [Thomas] Burke.

A letter, of 2, from General Washington, was read: 2

2 The draft of this letter is in the Washington Papers, Series A. V, pt. 1, 119.

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

A letter, of 5, from General Washington, was read, enclosing a copy of a letter, of 3 December, from Governor Greene, of Rhode Island; and of one, January 4th, from Brigadier General Irwine; and one, of 3, from Royal Flint, assistant commissary. 3

3 Washington's letter of January 5 is in the Papers of the Continental Congress , No. 152, VIII, folio 321; that of Irvine on folio 329; that of Flint on folio 325.

Ordered , That the enclosed letter from Governor Greene, with so much of the General's letter as relates thereto, be referred to the Board of War, and that the residue of the letter, with the other papers enclosed, be referred to the committee on Mr. [Robert R.] Livingston's motion.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JANUARY 12, 1780

A letter, of 8, from Major General Greene, quarter master general, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 155, I, folio 192.

Ordered , That it be referred to the Committee on the Post Office, together with so much of General Washington's letter, of 5, as relates to expresses.

A letter, of 8, from John Pierce, assistant paymaster general, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 165, folio 567.

Ordered , That it be referred to the Board of Treasury. A petition of Gosuinus Erkelens was read. 3

3 This petition, undated, is in the Papers of the Continental Congress , No. 42, II, folio 400.

A report from the Board of War was read; Whereupon

War Office , Jany 10 th 1780 .

When the Commander in Chief detached the Virginia troops, a passage in his letter indicated his concern for the weakness of his army by making that detachment, and numerous discharges soon to take place of those men whose times of enlistment were near expiring. Under this view of the matter, the board thought the service of any number of troops, even for a few months an object of importance, and therefore reported to Congress that such of the Virginians whose times of inlistment would expire between the 1 st of Jany and the last of March, should return to the main army. We since find that this has given dissatisfaction to those troops—that contrary to our expectations, very few reinlisted on the alternative of going home immediately, or returning to camp—that if permitted now to go home, two or three months indulgence may probably induce many afterwards to reinlist—and more than all, that the scarcity of provisions at camp renders it inexpedient that they should return thither. These reasons concur with the sentiments of the Commander in Chief, as expressed in the following extract of a letter from him to Gen l Woodford, dated Dec r 24, 1779: “As to the Officers and men who do not proceed to the southward on account of the short duration of the enlistments of the latter, Congress and the Board of War will 0051 43 direct the conduct they are to pursue, you were certainly right, in my opinion in advising against their return to the army, and for the reasons you have assigned and in addition, their not returning will contribute in some degree to lessen our difficulties on the subject of supplies of provisions, which are distressing almost in the extreme.” We therefore beg leave to report

Resolved , That such of the Virginia troops as by a resolve of the 15th of December last were required to return and join the main army, be marched by their officers to the State of Virginia and there discharged, a change of circumstances rendering their junction with that army unnecessary, except such number of those whose times of enlistment will latest expire, as shah be deemed necessary to be employed as guards by the Board of War.

Of the first division of prisoners sent lately to Fort Frederick we find upwards of fifty file too sick to proceed farther than Lancaster, and perhaps many of the second may be in the same condition, our intention therefore is, if Congress think proper, to retain a company of Virginians to guard those prisoners while at Lancaster, and when recovered to escort them to Fort Frederick. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 57.

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

War Office Jany 11 th 1780

Sir : The Board are extremely averse from troubling Congress on matters of small importance. They ever avoid it except where consequences are involved in the measure which may create future uneasiness with respect to other cases. The officers of all the regiments of light dragoons are anxious to have as many of their men mounted as possible and from the scarcity of cash and the great expence of horses we have given very little encouragement to any applications for the purchase of horses. By the enclosed letter Congress will perceive that Gen l Washington thinks Col o Armand's case is an exception as he purchased the horses originally at his own expence and these are looked upon as a debt due in kind from the United States to Colonel Armand, tho' he does not expect that the 0052 44 horses shall be his , but remain the property of the public. If Congress shall be of opinion that Col o Armand's request to have twelve horses to replace those lost last campaign ought to be complied with they will be pleased to resolve,

Resolved , That the Board of War be directed to order twelve dragoon horses to be delivered to Colonel Armand for the use of his corps, the said horses to be taken from those already purchased for public use, and not otherwise necessarily employed;

Or if so many cannot be found, that the deficiency be supplied by purchases for that purpose.

N. B. The Board have ordered (conditionally) seven horses out of those used by their escorts. So that there will remain five to be purchased if Congress direct it. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 53.

Ordered , That the remainder of the report be postponed.

The committee on the return of issues at Philadelphia delivered in a report, which was read; and after debate,

Ordered , That it be re-committed, and that the committee confer with the Board of War, and report to Morrow.

On motion of Mr. [John] Mathews, seconded by Mr. [George] Plater,

Congress resumed the consideration of the report of the Board of War, of 27 December last, respecting Captain Galvan; Whereupon,

Resolved , That Mr. Galvan receive the commission of major in the army of the United States, and be employed in the inspectorship, as the Commander in Chief shall direct.

The committee appointed to apportion the quota of supplies, &c., brought in a report, which was read:

That a sum equal to sixty one millions two hundred and fifty thousand dollars of Continental currency will be necessary for the ensuing year, to commence from the Day of last for the following articles viz.

0053 45

Pay and subsistance of the army 20,000,000

Civil list 600,000

Hospital staff 150,000

Transportation expence 20,000,000

Recruiting men and horses 10,000,000

Contingencies 10,500,000

61,250,000

That the Quotas of the respective States be as follows, to wit:

New Hampshire 1,914,062

Massachusetts Bay 8,750,000

Rhode Island 1,531,250

Connecticut 5,104,166

New York 5,104,166

New Jersey 3,062,500

Pennsylvania 7,656,250

Delaware 1,020,833

Maryland 5,568,181

Virginia 10,208,333

North Carolina 5,104,166

South Carolina 5,104,166

60,128,073

That the Quota of Georgia (she at present being not in condition to supply the same) be proportionably supplied by the other States, viz:

That a sum equal to 3,728,600 Spanish Milled Dollars will be required for supplying the Commissary and Quarter Master's Departments with the necessary articles of provision forage, soap, and candies.

That a sum equal to 2,200,000 Spanish Milled Dollars will be required in imported articles; and articles for exportation for the purpose of procuring foreign supplies.

That the following States can supply the said articles of Provisions, forage, and imported articles, and articles for exportation according to the following Estimate viz:

That the said States be required to supply the said commodities in the quantities to each assigned.

0054 46

That every State be at liberty to pay her ballance of the quota assigned to her in all or any of the articles enumerated for exportation.

That every State have credit for the amount of all or any of the articles assigned to her, which shall be delivered to the Commissary General or his order, or have been delivered since the day of last by the authority of the State, at the prices affixed in specie to the same by these Resolutions.

That every State who shall fail to furnish the full quota of the specific supplies aforementioned, shall be charged interest on the deficiency at six per centum per annum on the amount in Spanish Milled Dollars.

That every State who shall furnish the quota of supplies assigned to her, or any part thereof shall be entitled to an interest of six per centum per annum on the amount furnished.

That every State who shall undertake to furnish the quota of specific supplies assigned to her in the foregoing Resolutions be excused from paying the tax required by the Resolution of, except so far as to compleat the quota of the sum of sixty one millions two hundred and fifty thousand Continental dollars above mentioned. 1

1 This report, in the writing of Thomas Burke, is in the Papers of the Continental Congress , No. 26, folio 101.

Ordered , That it be referred to a Committee of the Whole, and that the committee sit on Monday next.

The committee to whom was referred the letter of 5th instant from General Washington, inclosing a letter of the 3d from Royal Flint, assistant commissary, and one of the 4 from Brigadier General Irwine, brought in a report; Whereupon,

Ordered , That a copy of the said letters, as far as they respect the distress of the army from the want of provisions, be sent, with all possible dispatch, to the legislatures, or, in their recess, to the supreme executive councils of the States of Connecticut, New York, Pensylvania, and Delaware; and that they be respectively urged, in the most pressing manner, to send immediate supplies of provisions to the army. 2

2 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress , No. 19, VI, folio 273.

0055 47

The Committee on the Post Office delivered in a report.

Congress took into consideration the report of the committee on the petition of Azariah Horton, in behalf of the officers of the mustering department, &c. Whereupon,

Resolved , That the mustering department be discontinued, and the officers thereof discharged.

And whereas the commissary general of musters has approved himself a good and faithful officer, and those who have been employed under him have given satisfaction in their offices:

Resolved , That the said commissary general of musters, and those officers who have continued in that department under him for eighteen months last past, shall be intitled to receive a sum equal to their pay respectively for the term of twelve months from this day.

Resolved , That in future the business of mustering the troops be performed by the inspectors of the army, in such manner and under such regulations as the Commander in Chief shall direct; who is hereby authorized to make the arrangements, reporting the same to Congress. 1

1 See ante , Vol. XV, p. 1329.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, JANUARY 13, 1780

A letter, of 12, from E. Blaine, was read, accepting the appointment of commissary general of purchases: 2

2 This letter is in the Papers of the Continental Congress , No. 165, folio 315.

That so much thereof as relates to a supply of money, be referred to the Board of Treasury.

A letter of the 4th, from General Washington, was read, accompanied with sundry papers relative to a proposed exchange of prisoners of war; Whereupon, 3

3 This letter is in the Papers of the Continental Congress , No. 152, VIII, folio 287; the enclosures are on folios 291–299. Washington's letter is printed in The Writings of Washington (Ford), VIII, 152.

0056 48

Resolved , That all the powers granted to General Washinton, by the resolution of 5th March, 1779, respecting the exchange of prisoners, be, and they are hereby renewed and confirmed.

Ordered , That the papers accompanying the General's letter of 4 be returned to him.

Resolved , That it be recommended to the executive authorities of the several states, to transmit with all possible expedition to General Washington, the names and rank of all officers; and the number of privates belonging to the enemy, held as prisoners of war within their respective states, and the places they are at, in order that they may be included in the general exchange, should a cartel be agreed to, between the commanders in chief of the American and British armies.

Congress took into consideration the report of the Board of War, of 21 August last, relative to prisoners, and thereupon came to the following resolutions:

Many inconveniences attending the present management of prisoners of war, and great dissatisfaction having arisen from the mode of exchanging them heretofore used, from the partialities inevitably attending the same, while conducted under various directions by divers commissaries independent of each other; and sufficient provision not being made for their security, in many cases frequently occurring:

Resolved , That all prisoners of war, whether captivated by the army or navy of the United States, or by the subjects, troops, or ships of any particular State, shall be delivered into the care and custody of the commissary general of prisoners, his deputies or assistants, and be deemed and treated, in all respects, as prisoners of war to the United States:

That it be earnestly recommended to the governments of the respective states, that they make no exchanges of prisoners; to the intent, that all exchanges may be made through the commissary general of prisoners, by direction of Congress 0057 49 or the Commander in Chief, or Board of Admiralty; and when prisoners are taken by the particular subjects, troops or vessels of any State, not in the service of the United States, or by private ships or vessels of war, fitted out in any particular State, these shall be first exchanged, so far as is necessary, for the subjects or inhabitants of the same State, taken by the subjects, adherents, ships or vessels of the enemy; and the overplus, if any, shall go towards redeeming the prisoners in the hands of the enemy; without regard to their being subjects or inhabitants of any particular State:

That all masters or commanders of private ships or vessels of war, shall take the utmost care to bring into port all prisoners captivated by them. And if from necessity they shall be obliged to dismiss any prisoners at sea, they shall, on return from their cruise, make report thereof, on oath, to the judge of the admiralty of the State to which they belong, or in which they arrive, within 20 days after their arrival, with their reasons for such dismission. And if the judge shah not be satisfied with the reasons assigned, or if it shah appear that the prisoners were discharged to avoid the trouble or expence of bringing them into port, and delivering them into custody, or in any wise unnecessarily, then the judge shall transmit an account thereof to the executive of the State, who are requested to examine into the matter, and vacate the commission granted to the said delinquent master or commander of the ship or vessel, if they are of opinion that such dismission was improper:

That all prisoners of war captivated by private ships or vessels of war, be delivered by and at the expence of the masters or owners of such ships or vessels, to a commissary of prisoners nearest the place of their landing, or into the nearest county gaol, on pain of forfeiture of the commission granted to such private ship or vessel:

0058 50

That on such delivery of the prisoners into the gaol, the gaoler shall be obliged to inform the government of the State wherein the said prisoners are landed; or, in case of their residence at too great a distance, the lieutenant or commanding officer of the militia of the county wherein such prisoners are landed, the commissary general of prisoners or his deputy; that if the said prisoners are not deemed to be, by the executive of the State, or the said commanding officer of the militia, in a place of sufficient security, they may be removed under proper guards to a place or places of greater safety at the expence of the United States. And the executive powers of the respective states are requested to give the necessary orders to the commanding officers of the militia on this subject, and to pay the expences of escorting and transporting the prisoners; charging the same to the United States. The said executives are also requested to give orders to the officers of their militia, to take immediate charge of all prisoners of war captivated by the ships and vessels of war, belonging to the United States or to any particular State, and to convey them, at the expence of the United States, to the nearest commissary of prisoners, or county gaol; and also direct the like steps to be taken in regard to the removal to places of greater safety, as is provided in the case of prisoners captured by private vessels:

That it be recommended to the legislatures of the respective states, effectually to provide, at the expence of the United States, for the delivery and safe keeping of all prisoners captivated by their respective subjects, out of vessels stranded or cast on shore on their coasts, obliging the parties taking prisoners, to deliver them to the nearest commissary of prisoners or into the nearest gaol, in case no commissary of prisoners is stationed within convenient distance of the place of capture; and in case of neglect or misconduct in the persons so taking the prisoners, that they forfeit all right to the vessel, her 0059 51 tackle, apparel and furniture so cast on shore, or the property they may save, or be otherwise entitled to out of such vessel; or imposing such other penalty as the said legislatures shall respectively think proper:

That it be recommended to the said legislatures to provide and direct, that all gaolers receive and deliver prisoners of war, without charging any fee or reward to the persons delivering them into or taking them by proper authority out of their custody. The reasonable expences of supporting such prisoners in gaol, to be paid by the government of the State wherein they shall be confined, and charged to the United States; except where they can and shall be otherwise provided for by the proper officer in the service of the United States. And the gaoler shall transmit a copy of his charges against the United States, for account of prisoners of war, to the commissary general of prisoners, or his nearest deputy, when any prisoners leave the gaol, either for removal to places of greater security, or for exchange:

That prisoners of war, either on their march, or in confinement, be furnished with only two-thirds of a soldier's ration:

That none but sick or wounded prisoners be allowed carriages at public expence:

That all prisoners on parole pay their own expences; and such expences shall be paid before they shall be exchanged:

That all officers, prisoners of war to the United States, unless in hospitals, pay their physicians, surgeons and attendants:

That the commissary general of prisoners and his deputies, make regular monthly returns, to the Board of War, of the numbers, situation and exchanges of all prisoners under their charge; and that they also give the said Board such occasional information, of all material transactions in their department. as circumstances from time to time render 0060 52 necessary, or when they shall be required by the Board so to do, under pain of being suspended or dismissed by the said Board:

That all exchanges of prisoners made in consequence of the foregoing resolutions, shall be soldier for soldier and sailor for sailor.

The report recommending that after the first resolution it be resolved, “That the states whose inhabitants are exchanged for the prisoners captured by their vessels, or those of their subjects, be charged with the expence of securing and supporting the prisoners of the enemy so exchanged.”

On the question to agree to this, the yeas and nays being required by Mr. [James] Forbes,

New Hampshire, Folsom, no no Massachusetts Bay, Mr. Gerry, no Lovell no no Holten, no Partridge no Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, no Sherman, no no Ellsworth no New York, Mr. Livingston, ay Floyd, ay ay L‘Hommedieu ay New Jersey, Mr. Fell, no no Houston, no Pennsylvania, Mr. Searle, no McLene, no no Shippen, no Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, no Burke no no Jones, no South Carolina, Mr. Mathews, ay ay

So it passed in the negative.

A report of the Board of Treasury was read 1 : Whereupon

1 The report of the Board of Treasury is entered in the writing of George Bond of the secretary's office.

0061 53

Ordered , That a warrant issue on the treasurer, in favor of Jonathan Burrall, on account of William Palfrey, Esquire, pay master general, for one million of dollars, to be transmitted to John Pierce, deputy paymaster general at the main army, for the supply of the military chest; for which sum the said deputy paymaster general is to be accountable:

And another on the treasurer, in favor of the said Jonathan Burrall, on account of the said William Palfrey, paymaster general, for three hundred and fifty thousand dollars, for the use of his department; for which the said paymaster general is to be accountable.

That a warrant issue on the treasurer, in favor of Ziba Westcott, on account of Richard Westcott, of Egg Harbour, in the State of New Jersey, for twenty eight thousand dollars, to enable him to pay the expences incurred in saving the part of the cargo (belonging to the United States), of the ship, Henry , lately stranded at Absecom Beech; for which sum he is to be accountable.

That a warrant issue on the treasurer, in favor of Eleazer McComb, one of the commissioners of the chamber of accounts, for five thousand dollars, on account of his salary.

That a warrant issue on the treasurer, in favor of Joseph Scudder, one of the clerks in the War Office, for two thousand dollars, on account of his salary.

That a warrant issue on the treasurer, in favor of Mr. Elbridge Gerry, one of the delegates for the State of Massachusetts Bay, for ten thousand dollars, on his application; for which the said State is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV folio 31.

A letter, of 18 December, from Silas Deane, was read, enclosing the warrant in his favour, dated 26 August, 1779, for ten thousand five hundred dollars, which he returns agreeably to the intimation in his letter of November 16.

0062 54

Ordered , That the warrant be sent to the Board of Treasury and there cancelled.

A letter, of 30 December, from the Governor of Virginia, relative to the Portugese snow; and another, of 16 December, relative to the arms detained by order of the executive of that State, were read. 1

1 The letter of December 30 is in the Papers of the Continental Congress , No. 71, I, folio 297; that of December 16 on folio 307.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, JANUARY 14, 1780

A memorial from John Halstead was read:

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

A report from the Board of War was read; Whereupon, Congress came to the following resolutions:

At a Board of War Jany 12. 1780

The Board taking into consideration the letter from Gen l Washington on the subject of Gen l Duportail and other Engineers referred to them by Congress beg leave to report,

Whereas Congress on the first day of January in the year 1779 resolved, “That Brigadier Duportail and Messrs la Radiere, Laumoy and Gouvion be retained in the service of the United States as Engineers for another campaign if agreeable to their inclination and permission can be obtained from His Most Christian Majesty or his Minister Plenipotentiary.”

And the said Engineers in consequence of the above resolution having agreed to continue, under permission obtained from the Minister Plenipotentiary of France, in the service of the United States and having except Col. La Radiere who died much regretted served the last campaign, so honorably to themselves and usefully to these States as to obtain ample testimonials of their abilities and exertions from the Commander in Chief who is of opinion that Gen l Du Portail, and Col s Laumoy and Gouvion should be retained in the service during the war or so long as is consistent with their duty to their King and agreeable to their inclinations,

Resolved, That Congress have a very favourable opinion of the conduct and capacity of General Du Portail and Messrs. Laumaoy and 0063 55 Gouvion and lament the untimely death of Col La Radiere who during his services in America had by his zeal and exertions highly recommended himself as an officer and a gentleman.

Whereas Brigadier General du Portail and Colonel Laumoy, and Lieutenant Colonel de Gouvion, have continued in the service of the United States pursuant to a resolution of Congress of the 1st day of January, 1779, and under a permission from the Minister Plenipotentiary of his most Christian Majesty, and have obtained from the Commander in Chief ample testimonials of honorable and useful services rendered during the last campaign:

Resolved , That Brigadier General du Portail and Messieurs Laumoy and Gouvion be retained in the service of the United States (if permission can be obtained for that purpose from his most Christian Majesty or his Minister Plenipotentiary) so long, during the present war, as shall be consistent with their inclinations and duty as officers to their King:

That the Board of War be directed to confer with the Minister of France on the subject, and inform General du Portail and Messieurs Laumoy and Gouvion of the result of such conference. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 63.

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

Ordered , That a warrant issue on the treasurer, in favour of Benjamin Stoddert, Esquire, secretary to the Board of War, for six thousand dollars on account of his salary.

That on the application of Charles Pettit, assistant quarter master general, a warrant issue in his favour, on the supreme executive council of the State of Pensylvania, for two hundred thousand dollars, (being part of the monies raised by the said State, for the use of the United States) on account of Major General Greene, quarter master general, and for the use of his department; for which he is to be accountable. 2

2 This report is in the Papers of the Continental Congress , No. 136, IV, folio 35.

0064 56

The committee on a court of appeals brought in a report.

Ordered , That the same be taken into consideration to morrow.

The committee, to whom was re-committed that part of the report on the commissaries department, which related to the appointment of inspectors, brought in a report.

The Committee on the Post Office brought in a report, which was read; Whereupon,

Resolved , That the Commander in Chief be authorised to order so many expresses to be retained in the public service as he may judge necessary for the immediate purposes of the army.

Ordered , That the remainder of the report be re-committed.

On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Roger] Sherman,

Resolved , That the Board of Treasury be directed to report proper salaries for such officers of the United States as have acted without stipulated allowances; and also what denominations of officers are entitled, by resolutions of Congress, to receive commissions, and at what rates, on the sums which they have respectively negotiated.

The committee to whom was referred the memorial from the honble the Minister Plenipotentiary of France brought in a report.

On motion of the Committee for Foreign Affairs, Congress came to the following resolution: 1

1 The resolution is entered in the writing of George Bond.

Whereas by the eleventh article of the treaty of amity and commerce between his most Christian Majesty and the United States of America, it is provided, “That the subjects and inhabitants of the said United States, or any one of them, shall not be reputed aubains in France, and consequently shall be exempted from the Droit d'Aubaine, or other similar duty, under what name soever: they may, by 0065 57 testament, donation or otherwise, dispose of their goods, movable and immovable, in favor of such persons as to them shall seem good; and their heirs, subjects of the said United States, residing, whether in France or elsewhere, may succeed them, ab intestat, without being obliged to obtain letters of naturalization, and without having the effect of this concession contested or impeded under pretext of any rights or prerogatives of provinces, cities or private persons: and the said heirs, whether such by particular title, or ab intestat, shall be exempt from all duty, called Droit de Detraction, or other duty of the same kind; saving, nevertheless, the local rights or duties, as much and as long as similar ones are not established by the United States or any of them: The subjects of the most Christian King shall enjoy, on their part, in all the dominions of the said States, an entire and perfect reciprocity relative to the stipulations contained in the present article; But it is, at the same time, agreed that its contents shall not affect the laws made or that may be made hereafter in France, against emigrations, which shall remain in all their force and vigor; and the United States, on their part, or any of them, shall be at liberty to enact such laws relative to that matter as to them shall seem proper.”

Resolved , That it be recommended to the legislatures of the several United States to make provision, where not already made, for conferring like privileges and immunities on the subjects of his most Christian Majesty, agreeable to the form and spirit of the above recited article.

The Committee to whom was referred the representation from the Legislative Council and general assembly of the State of New Jersey, have had the same and the subject matter therein mentioned under their consideration, and beg leave to report.

That the sudden depreciation of Continental currency between the months of March and May last, the great increase of price of all articles since the resolve of Congress of the first of September last 0066 58 for limiting the emissions of paper money, and the circular letter soon after, whereby Congress not only renewed the obligation of redemption at the nominal value; but evinced the sufficiency of the funds for that purpose, leave your Committee no room to doubt but that the real causes of this great and alarming depreciation are wholly owing to the acts of some disaffected to our government, and others whose extortion and avarice scandalize all governments, and not to scarcity of Commodity or over quantity of a circulating medium, nor want of faith in Government, the causes heretofore assigned with so much plausibility. In proof of this your Committee beg leave to observe, that the quantity of money, that can possibly be in circulation, under the aforementioned resolve of Congress, is not more than 200 m. of Dollars, which is not more than seven times the quantity actually necessary for a common medium, and tho' this quantity will admit of a progressive depreciation, yet no calculation can carry it to fifteen prices. Yet it is notorious that the article of flour in this market is not only now at 50 prices but that it has raised 150 p. et. since the limitation of future emissions and other articles have advanced nearly in the same proportion.

Your Committee further report that the sudden and continuing depreciation must necessarily discourage all foreigners from commercial connexions with the American States, that the present importations depending so much on the small number of vessels and seamen is in fact a monopoly and must continue so till vessels can be built or until foreigners shall assist in the importations, which they cannot do with any safety while the Country produce, by which alone they must make their remittances are raising many prices by the week. That the great demand of country commodities for the support of the army and other public uses, enables the farmer and others to exact what prices they please; that as such public expense must in the end be defrayed principally by the Landholder and yeomanry of America, the rise of Country Commodities does but encrease their debt and render the operations of taxation ineffectual in the appreciation of the currency.

Your Committee also report that the late Requisitions of 15 millions of D. by the month from the respective States being founded on estimates according to the monthly expenses prior to the first of September last, that as all the supplies for the army are thus encreased since that period, it becomes absolutely necessary to limit the prices 0067 59 of such articles according to their rates when the estimates were made, or to make further emissions of bills of credit, your Committee being well satisfied, that the whole quantity now in circulation, would not be sufficient to supply the public wants at the present advanced prices of all articles—and as Congress are determined on no occasion to make further emissions your Committee are of opinion, that a general and universal limitation of price of all articles as well foreign as country produce is the only and effectual means of maintaining the army. That the same ought to be adopted as soon as may be in order to stop the great increase of public debt, and to aid the taxes in the reduction of prices—and that the limitation should be liberal at the beginning in order to allow scarce articles their advantage over those that are plenty.

Resolved , therefore, that it be recommended to the Legislatures of the respective States to pass laws for limiting the prices of labour and all commodity foreign and domestic (salt and military stores excepted) so as not to exceed twenty prices of what the same article sold for in the year allowing such additional price for imported articles, for insurance, freight and other charges as the nature of the trade of each State shall justify and allowing also as an encouragement for country manufactures the same price as a foreign commodity of like quality shall sell for, deducting the price of insurance.

Resolved , that for the more certain limitation of the price of foreign articles and for the encouragement of importations it may be expedient for the several States to open offices for insuring the importations of their respective inhabitants.

N. B. Salt excepted, to be remedied by compelling importation as to tonnage of American vessels. 1

1 This report is in the Papers of the Continental Congress , No. 20, I, folio 311.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JANUARY 15, 1780

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

At a Board of War , Jany 14, 1780

Present Col Pickering, M r Peters

M r Ludeman a Lieutenant in the service of the United Provinces, who was attached to Col o Armands corps during the last campaign, 0068 60 and performed the duty of Lieutenant from the first of June last, being highly recommended by the Baron Steuben, and Col o Armand for a commission of Lieutenant in the said corps, the Board beg leave to report,

Resolved , That Mr. Ludiman be appointed to the rank of lieutenant in Colonel Armand's corps; his commission to bear date from the 1st day of June, 1779; the date of his brevet: 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 71.

At a Board of War , Jany 14 th 1780

Present Col Pickering, M r Peters

Col o Armand having represented to the Board, that M r Briffault, who was appointed the 13 th of January 1779 to the brevet rank of Lieutenant in the army of the United States; served in his corps during the last campaign and behaved on all occasions as an active, brave and good Officer, and that M r Briffault is desirous of remaining in the service of the United States, and of being attached to his corps—the Board beg leave to report—

That Mr. Briffault, who, on the 13 of January, 1779, was appointed to the brevet rank of lieutenant in the army of the United States, receive a commission of lieutenant in Colonel Armand's corps, to bear the date of his brevet: 2

2 This report is in the Papers of the Continental Congress , No. 147, IV, folio 61.

At a Board of War , Jany 14, 1780

Present Co l Pickering, M r Peters

The Board having been certified by General Washington, that there are two Subaltern Officers wanting in Col o Armands corps, and Col o Armand having recommended in strong terms the Gentleman hereafter named, of whose zeal and activity he has had sufficient proof in the last campaign—beg leave to report,

That Christian Buyman be appointed to the rank of cornet in Col o Armands corps.

Col Armand has not at this time named the other Gentleman for the vacancy mentioned by Gen l Washington—but means to do it when he meets with a suitable character. 3

3 This report is in the Papers of the Continental Congress , No. 147, IV, folio 67.

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According to order Congress proceeded to the consideration of the report of the committee for establishing a court of appeals; Whereupon,

Resolved , That a court be established for the trial of all appeals from the courts of admiralty in these United States, in cases of capture, to consist of three judges, appointed and commissioned by Congress, either two of whom, in the absence of the other, to hold the said court for the despatch of business:

That the said court appoint their own register:

That the trials therein be according to the usage of nations and not by jury:

That the said judges hold their first session as soon as may be at Philadelphia; and afterwards at such times and places as they shall judge most conducive to the public good, so that they do not at any time sit further eastward than Hartford, in Connecticut, or southward, than Williamsburg, in Virginia:

That the salary of the said judges be fixed on the first Monday of July next; and that in the interim the sum of twelve thousand dollars be advanced to each of them.

That the Judges of said Court be allowed for their services and Postponed . expences 25,000 dollars per annum until the further order of Congress.

That for defraying the expence of said court of Appeals one half per centum on the value of all prizes the trial whereof shall come before them shall be paid into the Continental treasury which if more than sufficient for the purpose aforesaid the residue shall be applied to the support of seamen disabled in the service of these United States.

Resolved , That it be recommended to the States to make laws authorizing and directing the Courts of Admiralty therein established pursuant to the recommendation of Congress, to carry into full and speedy execution the final decrees of the Court of Appeals on the same being made known to the Courts, or Judges of Admiralty from whence the appeals are or shall be taken.

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And whereas trials by Jury in cases of capture, which are decided by the law of nations, and not the municipal laws of the land, are found on trial to be inconvenient, and are not practised in any other nation.

Resolved , That it be recommended to the States to authorize the Courts of Admiralty therein, who are not so authorized already, to decide without a Jury in all cases, where the civil law, the law of nations, and the resolutions of Congress, are the rules of their proceeding and adjudication. 1

1 This report, in the writing of Oliver Ellsworth, is in the Papers of the Continental Congress , No. 29, folio 379. It is endorsed by Thomson: “Delivered and read January 14, 1780; to be considered on 15; part agreed to on 15.”

In debating the paragraph, “That the trials therein be according to the usage of nations and not by jury.”

A motion was made by Mr. [Nathaniel] Peabody, seconded by Mr. [Nathaniel] Folsom, to strike out the words “according to the usage of nations and not;” and on the question, shall those words stand, the yeas and nays being required by Mr. [Nathaniel] Folsom,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Gerry, no no Holten, no Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, ay New York, Mr. Livingston, ay ay Floyd, ay L‘Hommedieu ay New Jersey, Mr. Fell, ay Houston, ay ay Pennsylvania, Mr. Searle, ay ay McLene, ay ay Shippen, ay Delaware, Mr. McKean, ay ay Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay ay Jones, ay South Carolina, Mr. Mathews, ay ay 0071 63

So it was resolved in the affirmative.

On the question to agree to the paragraph,

That the judges hold their sessions, &c., the yeas and nays being required by Mr. [George] Partridge,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Gerry, no Holten, no no Partridge no Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth ay New York, Mr. Livingston, ay Floyd, ay ay L‘Hommedieu ay New Jersey, Mr. Fell, ay ay Houston, ay Pennsylvania, Mr. Searle, ay Mr. Muhlenberg, ay ay McLene, ay Delaware Mr. McKean, ay ay Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay ay Jones, ay South Carolina, Mr. Mathews, ay ay

So it was resolved in the affirmative.

In debating a subsequent paragraph of the report, viz,

“That for defraying the expence of the said court of appeals, one per cent on the value of all prizes, the trial whereof shall come before them, shall be paid into the continental treasury, which if more than sufficient for the purpose aforesaid, the residue shall be applied to the support of seamen disabled in the service of the United States.”

A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Samuel] Holten, to strike out the words “which if more than sufficient,” &c. to the end, in order to insert, in lieu thereof, “and if the sum so paid shall at the end of 0072 64 the year be more than sufficient to discharge the said expence, the surplus shall be credited to the States in proportion to the value of the prizes in the cases appealed from them respectively.” And on the question, shall the words moved to be struck out stand, the yeas and nays being required by Mr. [Elbridge] Gerry,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Gerry, no Holten, no no Partridge no Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, no Sherman, no no Ellsworth ay New York, Mr. Livingston, ay Floyd, no ay L‘Hommedieu ay New Jersey, Mr. Fell, ay div. Houston, no Pennsylvania, Mr. Searle, ay Mr. Muhlenberg, no no McLene, no Delaware, Mr. McKean, ay ay Maryland, Mr. Plater, ay Forbes, ay ay Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, ay ay South Carolina, Mr. Mathews, no no

So it passed in the negative, and the words were struck out.

After farther debate,

Resolved , That the remainder of the report be postponed.

Resolved , That Saturday next be assigned for electing the judges of the court of appeals, and that in the meanwhile, nominations be made.

Adjourned to 10 o'Clock on Monday.

MONDAY, JANUARY 17, 1780

A letter, of 15, from the supreme executive council of Pensylvania, was read.

A letter, of this day, from General Mifflin, was read, enclosing sundry accounts: 1

1 The Pennsylvania letter is in the Papers of the Continental Congress , No. 69, II, folio 169; Mifflin's letter is in No. 161, folio 67.

Ordered , That the said letter and papers enclosed be referred to the Board of Treasury.

A memorial from Gideon Olmstead and Aquilla Ramsdil was read; Whereupon, 2

2 This memorial, dated December 22, 1780, is in the Papers of the Continental Congress , No. 41, VII, folio 267.

Ordered , That the report of the committee on the memorial of Gideon Olmstead, and who were to confer with a committee of the assembly of Pensylvania, be taken into consideration on Monday, 31 January.

The Board of Treasury, to whom was referred an application of Ass Worthington, employed as inspector of cattle in the department of the commissary general, from the 18 day of November, 1778, to 15 of January, 1780, brought in a report; Whereupon,

Resolved , That in addition to his pay, of 4 dollars per day, the said Ass Worthington be allowed the sum of three thousand nine hundred and forty dollars, in compensation for his services and expences to this date; and that a warrant issue on the treasurer, in his favour, for that sum.

Ordered , That a warrant issue on the treasurer, in favour of Mr. [George] Partridge, one of the delegates from the State of Massachusetts Bay, on his application, for five thousand dollars; for which the said State is to be accountable. 3

3 This report is in the Papers of the Continental Congress , No. 136, IV, folio 37.

0074 66

The Board of War, to whom was referred the letter of 17 December last, from General Washington, relative to Monsieur Hyacinthe la Motte, brought in a report; Whereupon,

At a Board of War Dec r 31 st 1779

Present Col Pickering, M r Peters, Col Grayson

The Board having taken into consideration the letter of Gen l Washington, enclosing a memorial of Mon sr Hyacinthe La Motte,

Beg leave to report to Congress,

That Congress have a due sense of the zeal discovered by Mon s La Motte for the service of the United States, but particular considerations prevent his being employed in the capacity he mentions in his memorial to Congress.

Resolved , That the expediency of continuing Monsieur La Motte in his present employment be referred to the honorable council of Massachusetts Bay who are requested to adjust and settle the account of said Monsieur La Motte at Continental expense and if they deem his continuance unnecessary to discharge him from any farther service and that the council be informed that the Board of War have advanced Monsieur la Motte three thousand dollars on account of his pay.

The Board are not sufficiently convinced of the character of the Memorialist nor of the necessity of the mission to recommend his being sent into Canada at a heavy expense. The business of the Department under the agency of Col o Allen being by resolution of Congress put under the direction of the Council of Massachusetts, it was deemed most proper to refer the determination in the case of Mon s La Motte to them. From what appears to the Board we should determine on a dismission of the Memorialist. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 75.

On motion of Mr. [Roger] Sherman, seconded by Mr. [James] McLene,

Resolved , That the commissary general of purchases be allowed two clerks, to be by him appointed.

0075 67

That each of the said clerks be allowed the same salary as a clerk of the Board of Treasury.

Congress took into consideration the report of the committee on the memorial of the honble the Minister Plenipotentiary of France; and thereupon came to the following resolutions:

Whereas the Minister Plenipotentiary of France hath represented to us that a quantity of wheat and flour hath been procured and collected in the State of Maryland, at a great expence, for the fleet of his most Christian Majesty, and for his garrisons in the French islands; that they are in pressing want of those supplies; that by an act of the legislature of the said State, commissioners therein named are authorized to seize wheat and flour in stores; and that the seizure of the wheat and flour collected as aforesaid, and in the hands of William Smith, Esq. of Baltimore, in the said State, would embarrass the measures of the agent of the marine of the King of France, endanger the success of military plans, and expose to want the garrisons aforesaid; and hath requested our interposition in this regard: And whereas Congress are at all times disposed to attend to the Representations, and as far as is in their power to comply with the requests of the Minister of their Illustrious Ally. Therefore,

Resolved , That it be, and hereby it is recommended to the governor and council of the State of Maryland, to direct the commissioners appointed to carry the act for the immediate supply of flour and other provisions for the army into full force and execution, to refrain from seizing the provisions which have been purchased by permission of the State of Maryland for the agent of the marine of his most Christian Majesty; to replace them in case they have been already seized; and to permit the exportation thereof.

0076 68

That a copy of the memorial of the Minister Plenipotentiary of France, and a copy of the papers enclosed, be immediately transmitted, with the foregoing resolution, to the governor and council of the State of Maryland.

Resolved , That Congress entertain a high sense of the exertions of the legislature and governor and council of the State of Maryland to procure an immediate supply of flour and other provisions for the army, and that the governor and council be requested to cause the same to be forwarded as fast as procured to the army, the pressing wants of which demand immediate relief. 1

1 This preamble and the resolutions were also entered in the manuscript Secret (Domestic) Journal. The report, in the writing of William Ellery, is in the Papers of the Continental Congress , No. 25, I, folio 303.

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 had had under consideration the report of the committee for estimating the quotas of supplies, and are of opinion that the same be referred to a committee consisting of a member from each State.

Resolved , That Congress agree to the said report.

The members chosen, Mr. [John] Mathews, Mr. [Cyrus] Griffin, Mr. [Thomas] McKean, Mr. [Elbridge] Gerry, Mr. [William] Ellery, Mr. [Thomas] Burke, Mr. [James] Searle, Mr. [James] Forbes, Mr. [Nathaniel] Folsom, Mr. [Roger] Sherman, Mr. [Ezra] L'Hommedieu, and Mr. [John] Fell.

Ordered , That the report of the committee on the departments of the quarter master and commissary general be referred to this committee.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, JANUARY 18, 1780

A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [Roger] Sherman,

That in the Journals of Congress of a later date than the 31 December, 1779, the yeas and nays and names of the members calling them be not printed; but that the same together with the respective propositions on which they are taken be printed in pamphlets at the end of every three months, and that ten copies thereof, as soon as compleated, be sent to each State.

A division was called for, and on the question to agree to the first part, the yeas and nays being required by Mr. [James] Forbes,

New Hampshire, Mr. Peabody, no no Massachusetts Bay, Mr. Gerry, ay Lovell ay ay Holten, ay Partridge ay Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Huntington, ay ay Sherman, ay New York, Floyd, ay ay L‘Hommedieu ay New Jersey, Mr. Fell, ay ay Houston, ay Pennsylvania, Mr. Searle, ay div. McLene, no Maryland, Mr. Plater, ay div. Forbes, no Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, no no

So it was

Resolved , That in the Journals of Congress, of a later date than the 31 December, 1779, the yeas and nays and names of the members calling them, be not printed.

0078 70

On the question to agree to the second part, the yeas and nays being required by Mr. [James] Forbes,

New Hampshire, Mr. Peabody, ay ay Massachusetts Bay, Mr. Gerry, ay Lovell, ay ay Holten, no Partridge ay Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, no no Sherman, no New York, Floyd, no no L‘Hommedieu no New Jersey, Mr. Fell, no no Houston, no no Pennsylvania, Mr. Searle, no div. McLene, ay Maryland, Mr. Plater, ay div. Forbes, no Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke no no Jones, no South Carolina, Mr. Mathews, no no

So it passed in the negative.

On motion of Mr. Lovell, seconded by

Resolved , That the Journals of Congress, for the current year be published monthly, and agreeably to the foregoing resolution:

On the question to agree to this, the yeas and nays being required by Mr. [Nathaniel] Peabody,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Gerry, ay Lovell, ay ay Holten, ay Partridge ay Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Huntington, ay ay Sherman, ay ay New York, Floyd, ay ay 0079 71 New Jersey, Mr. Fell, ay ay Houston, ay ay Pennsylvania, Mr. Searle, ay div. McLene, no Maryland, Mr. Plater, ay div. Forbes, no Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, no no

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 Mr. [John] Fell, one of the delegates for the State of New Jersey, on his application, for two thousand dollars; for which the said State is to be accountable 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 41.

That on the application of the Board of Admiralty, a warrant issue on the treasurer, in their favour, for thirty thousand dollars, 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 Mr. T[homas] Burke, one of the delegates for the State of North Carolina, on his application, for ten thousand dollars; for which the said State is to be accountable.

That a warrant issue on the treasurer, in favour of Chandler Fowke, one of the clerks in the war office, for two thousand dollars, on account of his salary.

The Board of Treasury, to whom was referred the petition of John Streeper, praying compensation for the loss of a house, accidentally burnt by a picket guard of the American Army, in December, 1777, report:

That as Congress have frequently decided the compensation for damages ought not to be partially made, but must 0080 72 be postponed to the end of the war, to be then taken into consideration, the Board cannot report in favour of the said petitioner, but think his petition ought to be deferred for the present. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 39.

Resolved , That Congress agree to the said report.

Congress resumed the consideration of the report of the committee on the letter, of 18 November, from General Washington, and some progress being made therein,

Ordered , That the farther consideration thereof be postponed to Thursday next.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JANUARY 19, 1780

A letter, of 3, from the Governor of Virginia, was read. 2

2 This letter is in the Papers of the Continental Congress , No. 71, I, folio 311.

A letter, of 10 September last, from A. Lee, was read: 3

3 This letter is printed in the Diplomatic correspondence of the American Revolution (Wharton) III, 313.

Ordered , That it be referred to the Committee of Foreign Affairs, and that they take order thereon.

A letter, of 29 August, 1779, from A. Gillon, was read.

A letter from C. Hele, a prisoner on parole, to the Marine Committee, giving information of his resolution to attempt his escape in breach of his parole, which Congress is informed he has effected , was laid before Congress and read; also a petition from W. Ryan:

Ordered , That they be referred to the Board of Admiralty to take order.

A petition of David Brooks and Joshua Griffith was read:

Ordered , That it be referred to the Committee on Appeals.

A letter, of 18, from the Board of War was read, respecting an application from Colonel Armand for promotion. 4

4 This letter is in the Papers of the Continental Congress , No. 148, I, folio 21.

0081 73

A motion being made by Mr. [Robert R.] Livingston, seconded by Mr. [Elbridge] Gerry, for appointing a committee to repair to camp:

That a Committee be appointed consisting of one member of Congress and one Commissioner to repair to the army, and in conjunction with the Commander in Chief to arrange and regulate the Departments of the Quarter Master, Hospital, Commissary General of Military stores and Issuing Commissary. That they or any two of them shall be empowered to break up unnecessary posts to establish others where necessary, to discharge useless officers and unnecessary men, to stop rations and forage where improperly drawn, to propose the cheapest and most expeditious means of transportation, and report to Congress a general system of economy, for the army and an estimate of supplies for the ensuing campaign.

Resolved , that the expenses of the said Committee shall be defrayed by Congress. 1

1 This motion, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress , No. 36, I, folio 49.

Ordered , That it be referred to a committee of three.

The members chosen, Mr. [Elbridge] Gerry, Mr. [Robert R.] Livingston, and Mr. [William Churchill] Houston.

Ordered , That the report of a committee respecting the appointment of inspectors, be referred to the said committee.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, JANUARY 20, 1780

A letter, of 13, from General Greene, quarter master general was read:

Ordered , That it be referred to the committee, to whom his letter of 12th December, was referred.

A letter, of 13, from Francis Bailey, was read:

Ordered , That it be referred to the committee for printing the journal, to take order thereon.

0082 74

A letter, of 18, from General Washington, was read, enclosing a report from General Lord Stirling, relative to an expedition against Staten Island, and also other intelligence. 1

1 Greene's letter is in the Papers of the Continental Congress , No. 155, I, folio 196; that of Bailey in No. 78, III, folio 429; that of Washington in No. 152, VIII, folio 343.

Ordered , That the letter from General Washington, and the report from General Lord Stirling, be referred to the Committee of Intelligence.

Ordered , That an extract of the intelligence relative to supplies sent to the enemy from New Jersey and Connecticut be sent to the governors of those States.

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

Ordered , That a warrant issue on Thomas Smith Esq r Commissioner of the Continental Loan Office of the State of Pennsylvania the treasurer, for one hundred thousand dollars in loan office certificates , in favour of Charles Pettit, assistant quarter master general, on account of Major General Greene, quarter master general, for the use of his department, to be applied in transporting supplies to the army, and for which he is to be accountable.

That a warrant issue on Thomas Harwood, Esquire, commissioner of the continental loan office, for the State of Maryland, for three hundred thousand dollars, in favour of Ephraim Blaine, commissary general of purchases, for the use of his department; and for which he is to be accountable.

Also the following warrants, to wit;

One on Henry Gardiner, Esquire, treasurer of the State of Massachusetts Bay, for five hundred thousand dollars.

One on Joseph Clarke, Esquire, treasurer of the State of Rhode Island and Providence Plantations, for one hundred and seventy five thousand dollars.

0083 75

One on John Lawrence, Esquire, treasurer of the State of Connecticut, for one million five hundred and fifty thousand dollars; and

One on Samuel Patterson, Esquire, treasurer of the State of Delaware, for one hundred and seventy five thousand dollars, amounting in the whole to two millions and four hundred thousand dollars, and being part of the monies raised in the said states, respectively, for the use of the United States, in favour of Ephraim Blaine, Esquire, commissary general of purchases, for the use of his department; for which he is to be accountable.

That a Warrant issue on John Lawrence Esq r ., Commissioner of the Continental Loan Office for the State of Connecticut for three millions of dollars in favor of Jeremiah Wadsworth Esq r . late Commissary Re-committed General of purchases to be by him transmitted to Henry Champion, Deputy Commissary General of purchases for the purpose of discharging sundry contracts for beef, and compleating a further supply thereof, and for which the said Commissary General is to account. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 43.

Provided always that if the said states, or any or them, shall have made provision for purchasing supplies for the army by persons of their appointment, and under their direction, the payment of the warrants on the treasurers of such states be suspended, and the warrants returned by the commissary general to the Treasury Board. 2

2 In the margin, against this paragraph, Thomson has written, “this repealed, January 21.”

Ordered , That the remainder of the report be re-committed. The committee, to whom was referred a motion and report for regulating the departments of the staff, brought in a report; Whereupon,

Resolved , That three commissioners, one of whom to be a member of Congress, be appointed to enquire into the 0084 76 expences of the staff departments, and the means of retrenching the same; that they, or any two of them, be authorised to enquire by inspection, or otherwise, concerning the several posts and places where officers of the staff are stationed, and to require of them any information relative to their respective departments; to discharge supernumerary and delinquent officers, and men of the said departments; to break up unnecessary posts, and to establish posts where requisite; to stop all issues of rations and other supplies not indispensably necessary for the service. That they repair to head quarters, and that they, or any two of them be authorized, in conjunction with General Washington, to reduce the number of horses and wagons employed in the army, and to adopt the cheapest and most certain mode of transportation; and any other measures for promoting œconomy in the said departments:

That, for the present, they be empowered to stop all issues of rations of every kind, for the term of three months, due to persons not in camp, who can be otherwise supplied than from the public stores; and to report the sum to be paid for the rations so stopped:

That they report such arrangements, in any or all of the said departments, as they may judge expedient; having regard to the resolutions of Congress of the 14th and 17th of December last it being the expectation of Congress that purchases of provisions and forage in the departments of the quartermaster and commissary general will be made in the several States by persons appointed by and acting under the said states respectively. :

That the department of the barrack master general be abolished, and that he be called to an immediate account for the money advanced him by the United States. 1

1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress , No. 21, folio 221.

0085 77

Resolved , That to-morrow be assigned for electing the commissioners.

The following gentlemen were put in nomination:

General T. Mifflin, by Mr. [Elbridge] Gerry,

Colonel Pickering, by Mr. [Samuel] Holten,

Colonel J. Bull, by Mr. [James] McLene,

Mr. E[lias] Boudinot, by Mr. [John] Fell.

The following gentlemen were put in nomination for judges in the court of appeals:

Mr. J. D Dickinson, by Mr. Mathews,

Mr. W[illiam] Paca, by Mr. [John] Penn,

Mr. Gerry, by Mr. Holton,

Mr. T[homas] McKean, by Mr. [James] McLene,

Mr. T[itus] Hosmer, by Mr. [William] Ellery,

Mr. J Lovell, by Mr. Gerry,

Mr. E[lias] Boudinot, by Mr. [James] Searle,

Mr. R[obert] T[reat] Paine, by Mr. [Nathaniel] Folsom,

Mr. J[ames] Duane, by Mr. [Robert R.] Livingston,

Mr. G[eorge] Wythe, by Mr. [William] Ellery.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, JANUARY 21, 1780

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

Ordered , That a warrant issue on the treasurer, in favour of Robert Troup, secretary to the Board of Treasury, for four thousand dollars, to purchase wood and other necessaries, for the use of the several offices in the Treasury; for which he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 47.

According to order, Congress proceeded to the election of commissioners, and the ballots being taken,

Mr. Schuyler and Colonel Pickering were elected.

0086 78

Congress took into consideration the letter from the Board of War relative to Colonel Armand; Whereupon,

Ordered , That the letter from the Board of War, on the application of Colonel Armand, be transmitted by the President to General Washington, and that his opinion thereon be requested.

A report from the Board of War on the letter of Baron Miklasrewiz was read; Whereupon,

At a Board of War , Jany 20, 1780

Present Col o Pickering, M r Peters, Co l Grayson

The Board having taken into consideration the letter of Baron de Miklasrewiez, are of opinion, that if, the facts alluded to were fully authenticated, yet as no political connexion exists between this country and Poland, and in all probability never will, that there is no reason for granting his request under the present circumstances of our army and the public finances.

They beg leave to report the following

Resolved , That the petition of Baron Micklasrewiz cannot be complied with. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 79.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JANUARY 22, 1780

The Board of Admiralty having laid before Congress a return of the officers of the navy:

Ordered , That the same be referred back to the Board, and that they report on the expediency of stopping pay and rations or subsistance to all officers and mechanics of the admiralty not in actual service; preserving to the former their rank in the navy.

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

Ordered , That a warrant issue on the treasurer, in favour of Mr. J[ames] Searle, one of the delegates for the State of 0087 79 Pensylvania, for five thousand dollars, on his application; for which the said State is to be accountable.

That a warrant issue on John Lawrence, commissioner of the continental loan office, for the State of Connecticut, for three one million of dollars, arising from the sale of bills of exchange in favour of Jeremiah Wadsworth, late commissary general of purchases, to be by him transmitted to Henry Champion, deputy commissary general of purchases in the eastern department, for which he is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 49.

Congress proceeded to the election of another commissioner. and the ballots being taken, General Thomas Mifflin was elected.

The committee to whom was referred the return of rations issued in Philadelphia, delivered in a report.

Congress proceeded to the election of judges of the Court of Appeals; and the ballots being taken, the President informed Congress, that Mr. [George] Wythe, Mr. [William] Paca and Mr. [Titus] Hosmer, were duly elected; Mr. Hosmer and Mr. Paca having an equal number of votes.

A letter of 19th, from General Washington, and two of 19, from Major General Greene, were read. 2

2 Washington's letter, dated January 18, is in the Papers of the Continental Congress , No. 152, VIII, folio 351; Greene's letters are in No. 155, I, folios 200 and 204.

Adjourned to 10 o'Clock on Monday.

MONDAY, JANUARY 24, 1780

A letter from the honorable the Minister Plenipotentiary of France, was read, informing, that he has appointed Monsieur D'Anmour consul of France for the State of North Carolina, and inclosing his commission for that purpose. 3

3 This letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton) III, 468.

0088 80

Resolved , That Congress approve the same: that the commission be registered, and notice given to the governor of North Carolina.

A letter, of 18, from General Washington, was read: 1

1 This letter is in the Papers of the Continental Congress , No. 152, VIII, folio 339.

Ordered , That it be referred to the Board of War; that the Board confer thereon with Major General Baron Steuben, and report to Congress.

A letter, of 18, from Major General Greene, quarter master general, was read, enclosing sundry papers relative to Mr. Moore: 2

2 The papers are in the Papers of the Continental Congress , No. 19, IV, folios 105–122.

Ordered , That the same be referred to a committee of three:

The members chosen, Mr. [Ezra] L'Hommedieu, Mr. [Nathaniel] Folsom, and Mr. [James] McLene.A memorial of Jacob Wright was read:

Ordered , That it be transmitted to the supreme executive council of Pensylvania, for them to take such order thereon as they shall judge proper.

Two letters from Colonel J. Allan, one dated 10, the other 15 November last, were read: 3

3 Allen's letter of November 10 is in the Papers of the Continental Congress , No. 78, I, folio 341; that of November 15 on folio 337.

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

Congress being informed of great abuses in the quarter master's department, at Martinsburg, in Virginia;

Resolved , That the Board of War be empowered to appoint suitable persons to enquire into the said abuses, and to make the proper retrenchments and reformations.

Congress proceeded to the consideration of the reports of the committee on the letter of 18 November last, from General Washington, when a motion was made by Mr. [Robert R.] Livingston, seconded by Mr. [John] Penn, that those parts on 0089 81 which Congress have acted, together with two resolutions, one for abolishing all state, county and town bounties to recruits for the army, and the other recommending the repeal of all laws made in pursuance of the resolution of 14 April, 1777, be referred to the Board of War.

A division was called for, and on the question for referring those resolutions which Congress had acted on, viz; 1

1 The entries for the rest of this day are in the writing of George Bond.

Resolved , That for the ensuing campaign, the several states be required to furnish by draughts, or otherwise, on or before the first day of April next, 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 inlisted in the several military corps of the army, not included in the said 80 Battalions, be considered as part of the said quotas, 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 corps, who 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 battalions, pursuant to a resolution of Congress, of the 17th of August last.

That in addition to the recruits to be furnished, by the first day of April next, each State be required to furnish by draughts, or otherwise, men to supply the place of such of their troops whose time of service will expire in April, June and September next, and that the men so supplied, join the army before the times of service of the said troops shall respectively expire, and continue in service until the first of January, 1781.

That during the continuance of the war, each State be annually informed by Congress, in the month of October, of 0090 82 the deficiency of its quota of troops, and called upon to furnish by draught, or otherwise, men for its complement, or for such part thereof as Congress may from time to time judge necessary.

That the men to be so furnished join the army by the first day of January, in each year, and serve until the first of January in the next succeeding year, unless sooner discharged.

That the Commander in Chief, or commanding officer of the respective departments, be authorised and directed to appoint an officer, or officers in each battalion, to inlist such of the recruits, as may be willing to engage for the war, allowing two hundred dollars to every soldier, who may so inlist, and ten dollars to the officer inlisting them.

That the Commander in Chief be directed on, or before, the first of October, annually, to transmit to Congress, a return of the army, specifying the number of troops from each State, and the recruits necessary to compleat its quota.

That it be earnestly recommended to the several States to abolish all State, County and Town bounties to recruits for the Continental army.

And whereas on the 14 th of April 1777 Congress passed the following resolution, “That it be recommended to the Legislatures of each of the United States to enact laws, exempting from actual service any two of the militia who shall within the time limited by such laws furnish one able bodied recruit to serve in any battalion of the continental army for the term of three years or during the present war; such exemption to continue during the term for which the recruit shall inlist; every such recruit to be entitled to the Continental bounty and all other allowances.”

Resolved , That it be recommended to the several States to repeal their laws made in pursuance of the resolution aforesaid.

Ordered , That the letter of 18 th Nov r last from Gen l Washington and the abstract of the army enclosed therein be referred to the Board of War, who are directed forthwith to report so Congress a list of deficiences of troops to be furnished by the first of April next and at 0091 83 other periods during the next campaign, by the several States agreeably to the foregoing resolutions. 1

1 These resolutions, in the writing of Charles Thomson, are in the Papers of the Continental Congress , No. 147, IV, folio 111.

The yeas and nays being required by Mr. [Elbridge] Gerry,

New Hampshire, Folsom, ay ay Massachusetts Bay, Mr. Gerry, no Lovell no no Holten, no Partridge no Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, ay Sherman, no ay Ellsworth, ay New York, Mr. Livingston, ay Floyd, ay ay L‘Hommedieu ay New Jersey, Mr. Fell, ay div. Houston, no div. Pennsylvania, Mr. Searle, no Muhlenberg, no no McLene, no Delaware, Mr. McKean, no no Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke ay ay Jones, ay South Carolina, Mr. Mathews, no no

So it was resolved in the affirmative.

Ordered , That the other two resolutions be also referred to the Board of War, together with the General's letters of the 18th of November, and 10 and 11 of December last.

Ordered , That the Board report thereon, as soon as possible.

Ordered , That to morrow be assigned for considering the remainder of the report of the committee, on the General's letter of the 18th November.

A report of the Board of Treasury was read; Whereupon,

Ordered , That a warrant issue on John Lawrence, Esquire, commissioner of the continental loan office, for the State of 0092 84 Connecticut, in favor of Ephraim Blaine, Esquire, commissary general of purchases, or his order, for one million of dollars, for the use of his department, and for which the said commissary general is to be accountable.

That a warrant issue on Gerardus Bancker, Esquire, treasurer of the State of New York, in favor of Ephraim Blaine, Esquire, commissary general of purchases, for one hundred and eighty three thousand dollars, being part of the monies raised in the said State, for the use of the United States; for which sum the said commissary general is to be accountable.

That a warrant issue on the treasurer, in favor of Mr. George Plater, one of the delegates for the State of Maryland, on his application, for six thousand dollars; for which the said State is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 51.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, JANUARY 25, 1780

Mr. A[braham] Clark, a delegate from the state of New Jersey, attended and produced the credentials of his appointment, which were read, as follows:

State of New Jersey , Dec r 25 th , 1779.

The Council and Assembly met at Mountholly and in Joint Meeting proceeded to the Election of a Delegate to represent this State in Congress, in the room of Thomas Henderson Esq r ., who hath declined taking his Seat, pursuant to his Appointment, on the Seventeenth day of November last, And the Votes being taken Abraham Clark Esquire was duly elected.

Resolved —therefore

That the said Abraham Clark Esquire be impowered in Conjunction with the honorable John Fell and William Churchill Houston Esquires, or either of them, to represent and Vote in Behalf of this State in the Congress of the United States of North America, untill the first day of December next, unless a new Appointment shall sooner take place, 0093 85 It is nevertheless expected, that all the Delegates do constantly attend, unless prevented by sickness or other accident.

A true copy from the Minutes of the Council and Assembly in Joint Meeting.

Bowes Reed , Sec y ., 1

1 The original is in the Papers of the Continental Congress , New Jersey, Credentials of Delegates.

A letter, of 19, from General Washington, was read, with sundry papers enclosed; and also a letter, of 24, from Colonels Mathews, Ely and Ramsey, were read: 2

2 The letter of Mathews, Ely and Ramsey is in the Papers of the Continental Congress , No. 78, XVI, folio 5; that of Washington in No. 152, VIII, folio 355.

Ordered , That they be referred to a committee of three, who are directed to confer with the said colonels:

The members chosen, Mr. [Roger] Sherman, Mr. [James] Forbes, and Mr. [John] Mathews.

A letter, of 21, from the Board of War, was read: 3

3 This letter is in the Papers of the Continental Congress , No. 148, I, folio 25.

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

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

Ordered , That a warrant issue on his excellency the president, and the supreme executive council of the State of Pensylvania, in favour of Ephraim Blaine, commissary general of purchases, for one million of dollars, in part of the monies raised in the said State, for the use of the United States; for which the said commissary general is to be accountable. 4

4 This report is in the Papers of the Continental Congress , No. 136, IV, folio 55.

A letter, of 21, from the Board of War was read, enclosing sundry letters from the issuing commissaries: 5

5 This letter is in the Papers of the Continental Congress , No. 148, I, folio 29.

Ordered , That the same be referred back to the Board of War to report thereon.

The Board of Admiralty, to whom was referred the return of the officers in the navy of the United States, brought in a report; Whereupon,

0094 86

That by a Resolution of the 20 th March 1778 officers of the Continental Navy not in actual service are allowed pay but not rations nor the subsistence money allowed by the Resolve of the 25 th July 1777 and

That mechanicks employed in or about the Navy are not intitled to rations or subsistence by any resolution of Congress.

Resolved , That the pay of all officers of the navy, not in actual service, cease from this day: that such officers retain their rank, depositing their commissions in the respective navy boards, until they shall be called into actual service. 1

1 This report is in the Papers of the Continental Congress , No. 37, folio 175. It is dated “Admiralty Office, 24 Jan ry . 1780.”

The committee on the quarter masters department, and the committee, to whom was referred the letter from General Greene, respecting Mr. Moore's affairs, delivered in their reports.

The Committee to whom was referred the letter from Gen l Green and the papers accompanying the same, respecting the quantity of wood cut on the farm of M r Stephen Moore for the purpose of supplying the Army with wood and for erecting fortifications, and the value thereof, beg leave to report, that M r Stephen Moore has not produced a proper certificate from the Quarter Master Gen l of the quantity and value of such wood, and that the estimations thereof, have not been made according to the usual mode practised in such cases, and are not satisfactory, at the same time, as very considerable quantities of wood have been cut on M r Moore's farm at West Point for the supply of the Army, and erecting fortifications and great damages done to his buildings and fences by the Army on the said farm for which M r Moore has received no satisfaction and has been at great expence in endeavoring to procure satisfactory certificates of the damages sustained by him in the premises which could not be obtained by reason of the deep snow on the ground, Your Committee would propose the following resolution, to wit.

Resolved , that a Warrant issue on the Treasurer in favor of M r Stephen Moore for thirty thousand dollars in compensation in part for wood cut on his farm at West Point for the purpose of supplying the Army 0095 87 with wood and for erecting fortifications and for the use his buildings and damages done to his fences by the Army on his said farm. 1

1 This report, in the writing of Ezra L'Hommedieu, is in the Papers of the Continental Congress , No. 19, IV, folio 89. It is endorsed by Thomson: “Delivered January 25, 1780.” A second preamble and resolution appears on the back of the report, also in L'Hommedieu's writing, as follows:

Whereas Congress have agreed with M r Stephen Moore to purchase his farm at West Point, containing 1080 Acres for the use of the United States: for a sum of Money equivalent to what shall be deemed to have been the value of the said farm in the year 1774, and also the value of the rent thereof for two years: by such persons as shall hereafter be appointed by Congress for that purpose. Ordered that 40,000 dollars be advanced to the said Stephen Moore in part of the purchase Money to be paid him for the said farm, and that the two following warrants issue in his favor for the said sum, to Wit, One on the Treasurer for ten thousand dollars, and another on His Excellency Richard Caswell Esq r Governor of the State of North Carolina for thirty thousand dollars to be paid out of the Monies raised by the said State for the use of the United States.

A memorial from the honorable the Minister Plenipotentiary of France, was read, intimating that he has farther communications to make.

On the 25th of January, 1780, the minister plenipotentiary of France transmitted to Congress the following memorial:

Philadelphia , January 25, 1780 .

The Minister Plenipotentiary of France has received express orders from the king his master to inform Congress, that the present situation of the affairs of the alliance in Europe announces the necessity of another campaign, which is indispensable to bring England to an acknowledgment of the independence of the thirteen United States, which is the essential purpose of the present war. That power is making preparations the most proper for continuing the war with vigour, and appears willing to employ, in the course of this year, all the means possible to procure reparation, by some important enterprise, for the losses it has already sustained. Congress cannot doubt but that, in this situation of affairs, his most Christian Majesty and the king 0096 88 of Spain have concerted plans to maintain that superiority by sea, which has begun to appear in their favour; and the underwritten has reason to believe, that the United States have nothing to desire of their ally, touching the use he is making of the resources of his realm, and the efficacy of the measures adopted by the cabinets of Versailles and Madrid. But while this powerful diversion retains in Europe and the West Indies the greater part of the land and sea forces of the common enemy, it is absolutely necessary that the United States, on their part, should make efforts proportionable to the greatness of the object for which they are contending. The only means of putting an end to the calamities of the war is to push it with new vigour; to take effectual measures immediately for completing the army, and putting it in condition to begin an early campaign. It is also necessary to concert, as far as the distance of places will permit, a plan of common operations; and this is one of the principal points on which the underwritten minister is ordered to consult with Congress. He is also ordered to assure this assembly that the king, being informed of the wants of the American army, with respect to arms and ammunition, has commanded his ministers to make suitable arrangements for supplying them. It is necessary that the underwritten minister should confer with Congress on the subjects just mentioned. Besides, he has some particular circumstances to communicate relative to the present or probable state of the negotiations; and he desires that this assembly will be pleased to inform him in what manner they will receive the communication, the subject of which, as well as the plan of operations for the ensuing campaign, requires the most profound secrecy. In the mean while, he now only assures 0097 89 Congress, that in the whole course of the negotiations carried on last year, the king would not listen to either peace or truce, without an assurance of some sort, of the independence of the United States.

Le Chev. de La Luzerne . 1

1 This communication was entered only in the manuscript Secret Journal, Foreign Affairs. It is printed in the Diplomatic Correspondence of the American Revolution (Wharton), III, 469.

A motion was made for advancing a sum of money to the commissioners appointed to regulate the staff departments:

Ordered , That it be referred to the Board of Treasury, to take order.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, JANUARY 26, 1780

Resolved , That a committee of seven be appointed to receive the communications of the honorable the Minister of France, and report the same to Congress:

The members chosen, Mr. [John] Mathews, Mr. [Robert R.] Livingston, Mr. [Oliver] Ellsworth, Mr. [Elbridge] Gerry, Mr. [Thomas] Burke, Mr. [Cyrus] Griffin, and Mr. [Thomas] McKean. 2

2 These two paragraphs were also entered in the manuscript Secret Journal, Foreign Affairs.

The committee, to whom was referred the letter, of 19, from General Washington, brought in a report, which was read, and the same being taken into consideration;

The Committee to whom was referred Gen. l Washington's letter of the 19 th instant, respecting the exchange of Prisoners, with the papers accompanying the same, having considered the matters therein contained, and conferred with Col. Mathews, Col. Ely and Col. Ramsey on the subject Report as their opinion

That General Washington be informed that Congress had no intention of connecting the settlement or payment of the Accounts against the Convention Troops will the proposed Exchange of prisoners, and 0098 90 that he be authorized to proceed to negociate an exchange of Prisoners with all convenient dispatch, on such terms, in all respects, as he may judge most expedient.

That the Resolutions of Congress of the 11 th . day of Jan y . respecting the penalty for non payment of the money due from the Convention Troops be repealed; and that the Board of Treasury suspend the requisition for payment of said money until the proposed negociation for exchange of Prisoners is finished. 1

1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress , No. 19, VI, folio 279. The preceedings following were also entered in the manuscript Secret (Domestic) Journal.

And the first paragraph being read, viz.

“That General Washington be informed that Congress had no intention of connecting the settlement or payment of the accounts against the Convention troops with the proposed exchange of prisoners, and that he be authorized to proceed to negotiate said exchange with all convenient despatch on such terms, in all respects, as he may judge most expedient”—

An amendment was moved by Mr. [Robert R.] Livingston, seconded by Mr. [Nathaniel] Folsom, by adding “Yet from a change of circumstances, they think it improper to conclude an exchange, till it is agreed as a preliminary article that the accounts be settled and paid.”

A motion was made by Mr. [Thomas] McKean, seconded by Mr. [John] Penn, to postpone the consideration of the paragraph and amendment, in order to consider the following proposition:

“That the General be informed it is the wish of Congress that the exchange of prisoners, upon principles of equality, should proceed at all events; but that they also hope it may be practicable, in the course of the business, to obtain an assurance, that the accounts for the subsistance of the Convention troops shall be liquidated and paid, by retaining a number of them, not less than five hundred, to secure this 0099 91 measure, or otherwise; that, however, Congress submit the whole to his wisdom and prudence.”

On the question for postponing, “for the purpose above-mentioned,” the yeas and nays being required by Mr. [John] Fell,

New Hampshire, Folsom, no no Massachusetts Bay, Mr. Lovell no Holten, no no Partridge no no Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, no Sherman, no no Ellsworth, no New York, Mr. Livingston, no Floyd, no no L‘Hommedieu New Jersey, Mr. Fell, no Houston, no no Clark, no Pennsylvania, Mr. Searle, Muhlenberg, no no McLene, no Shippen, no Delaware, Mr. McKean, ay ay Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, ay Burke, no no Jones, South Carolina, Mr. Mathews, no no

So it passed in the negative.

On the question to agree to the amendment, the yeas and nays being required by Mr. [John] Fell,

New Hampshire, Mr. Peabody, no div. Folsom, ay Massachusetts Bay, Mr. Lovell, no Holten, no no Partridge Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Huntington, no Sherman, no no Ellsworth, no New York, Mr. Livingston, ay Floyd, no no L‘Hommedieu no no 0100 92 New Jersey, Mr. Fell, no Houston, no no Clark, ay Pennsylvania, Mr. Searle, no Muhlenberg, no no M.Lene, no Shippen, no Delaware, Mr. M.Kean, no no Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, no Burke, no no Jones, no South Carolina, Mr. Mathews, no no

So it passed in the negative.

The main question being amended so as to read—“That General Washington be authorized to proceed to negotiate an exchange of prisoners with all convenient despatch, on such terms, in all respect, as he may judge expedient”—

On the question to agree to this, the yeas and nays being required by Mr. [John] Fell,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Gerry, no Lovell, no div. Holten, ay Partridge, ay Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, ay New York, Mr. Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, ay ay Houston, ay Pennsylvania, Mr. Searle, ay ay M.Lene, ay Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, ay ay

So it was resolved in the affirmative.

The next paragraph in the report was read, viz.

0101 93

“That the resolution of Congress, of the 11 of January, instant, respecting the penalty for non-payment of the money due from the Convention troops be repealed:

“And that the Board of Treasury suspend the requisition for the payment of the said money, until the proposed negotiation for exchange of prisoners is finished”.

A division was called for; and the question on the first part passed in the affirmative.

On the question to agree to the second paragraph, viz.

“And that the board of treasury suspend,” &c. the yeas and nays being required by Mr. [John] Fell,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Lovell, no div. Holten, ay Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, ay ay Sherman, ay New York, Mr. Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, ay Houston, no no Clark, no Pennsylvania, Mr. Searle, ay ay McLene, ay Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, no Burke, ay ay Jones, ay South Carolina, Mr Mathews, ay ay

So it was resolved in the affirmative.

On the question to agree to the whole as amended, viz.

That General Washington be authorised to proceed to negociate an exchange of prisoners, with all convenient dispatch, on such terms in all respects as he may judge expedient. 1

1 From this point the entries are in the writing of George Bond.

0102 94

That the resolution of Congress of the 11th instant, respecting the penalty for non-payment of the money due from the Convention troops be repealed. And that the Board of Treasury suspend the requisition for payment of said money, until the proposed negotiation for exchange of prisoners is finished.

The yeas and nays being required by Mr. [Nathaniel] Peabody,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Lovell, no div. Holten, ay Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, ay New York, Mr. Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, ay Houston, ay ay Clark, no Pennsylvania, Mr. Searle, ay ay McLene, ay Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr Mathews, ay ay

So it was resolved in the affirmative.

Adjourned to 10 o'Clock to Morrow. 1

1 Charles Thomson resumes the entries here.

THURSDAY, JANUARY 27, 1780

Mr. [Nicholas] Van Dyke, a delegate for Delaware, attended and produced the credentials of the delegates of that State, which were read, as follows:

0103 95

In the General Assembly of the Delaware State, at Wilmington, Wednesday, A. M. December 22, 1779.

The General Assembly proceeded, by joint Ballot, to the Election of Delegates to represent this State in the Congress of the United States of America for the ensuing Year, and the Box containing the Ballots being examined, The Honorable John Dickinson, Nicholas Vandike and George Read, Esquires, are declared duly elected.

Extract from the Minutes,

Ja s Booth , Clk of Assembly .

In the General Assembly of the Delaware State, at Wilmington, Friday, P. M. December 24, 1779.

The General Assembly proceeded, by joint Ballot, to the Election of a Delegate from this State to the Congress of the United States of America, to supply the Place of George Read, Esquire, who was appointed to that Service, and hath declined to accept of the said Appointment, and the Box containing the Ballots being examined, The Honorable Thomas M c Kean, Esquire, is declared unanimously elected.

Extract from the Minutes,

Ja s Booth , Clk of Assembly . 1

1 The original is in the Papers of the Continental Congress , Delaware, Credentials of Delegates .

A letter, of 26, from the Board of War, was read:

War Office , Jan y 26 th . 1780.

Sir , There have been some applications made to us for forage for the horses of the clerks of Gen. l Mifflin late Q r M r . General, who are waiting in Philadel a . for the purpose of settling their accounts.

We have also discovered in the returns of the Issuing Commissary and of the keeper of the public stables that M r . Thomas Jones late Dep ty . Comm y Gen l . of issues, and who has been out of office near a twelve month, has been drawing provisions and forage ever since, for the same reason we do not doubt but there are many others who continue to draw the public supplies, who are under similar circumstances.

In the instance of General Mifflin's clerks, it is alleged they have been ready for a settlement, and we suppose the reason why this matter has not been closed, is altogether owing to the small number of 0104 96 auditors, and the variety of business, which has necessarily devolved on them.

We would therefore recommend that either commissioners should be appointed in the country at proper places for the settlement of all accounts of any kind or nature, or in case this should be thought inexpedient, that two new Chambers of account should be erected, subordinate to the Treasury Board, in the same manner as the present auditors, to devote their attention particularly to the settlement of the accounts of the Commissary's and Q r . M r . Gen ls . Department respectively, and when these accounts do not admit of constant employment, that they take up any other business of the Continent, which relates to their line of duty indiscriminately.

The Board apprehend that the Continent would save greatly by retrenchments in the rations pay and forage of persons under the description above mentioned; and that the speedy settlement of public accounts, would produce other good effects, perhaps not less important.

Should Congress not be disposed at present to take up the matter we would wish to be informed of the precise period, when after their being out of office, the rations pay and forage of officers of this denomination, shall cease; at present we have no rule of conduct to govern us.

Resolved , That the Board of War be informed in answer to their letter of the 26 th Instant, that the pay and rations of all officers cease at the time of their discharge from office, and if any officer has drawn pay and rations heretofore after his discharge, he ought to be charged in debt to the United States for the same. 1

1 This letter and motion, the latter in the writing of Roger Sherman, are in the Papers of the Continental Congress , No. 148, I, folio 45.

On which, a motion being made,

Ordered , That the letter and motion be referred to the Board of Treasury.

A letter, of this day, from Major Eustace, was read, requesting leave to resign:

Resolved , That his resignation be accepted.

A letter, of 23, from Royal Flint was read: 2

2 Eustace's letter is in the Papers of the Continental Congress , No. 78. VIII, folio 339; that of Flint is in No. 78, IX, folio 307.

0105 97

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

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

Ordered , That on the application of the Board of War and Ordnance, a warrant issue on his excellency, the president and supreme executive council of the State of Pennsylvania, for one hundred thousand dollars, in part of the monies raised by the said State, for the use of the United States, in favour of William Henry, Esquire, of Lancaster, in the said State, for the purchase of cloathing, for the use of the army; the said William Henry to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 53.

Congress took into consideration the report of the committee, appointed on the 12 November last, to report a proper allowance for the officers of sundry departments, from the last adjustment of their accounts; Whereupon,

The Committee appointed the 12 th Nov. last to report a proper allowance for the officers of sundry Departments from the last adjustments of their accounts, respectively, having attended that business, find that the said accounts have been adjusted at different periods and that a strict adherence to the Resolution appointing the Committee would operate partially even to the officers of the same Department; the Committee therefore having a retrospect to the 2 nd November 1778 soon after which time sums were advanced by Congress to several of the said officers, with an intention as it is supposed to raise their salaries, beg leave to Report;

Resolved , That the treasurer, the commissioners of the Board of War, the commissioners of the chambers of accounts, the commissioners of the navy boards, the secretaries of the Board of Treasury and of the Board of War, the assistant auditor general, and the clerks of the Board of Treasury, Board of War, chambers of accounts, treasurer, auditor general, and of the secretary of Congress, be entitled to receive, in lieu of every other allowance, from the 2d day of 0106 98 November, 1778, or from the dates of their appointments, if elected after that time, the same salaries as are allowed them respectively by a resolution of Congress of the 23 October, and one of 12 November, 1779:

That the pay of John Gibson, Esq. for his services whilst auditor general, be as follows; from the 9 December, 1776, the time of the last adjustment of his account, to the 16 October, 1778, at the rate of 1715 dollars per annum; from the date last mentioned, to the 2 November, 1778, at the rate of 3430 dollars per annum; and from thence to the 25 November, 1779, at the rate of 12,000 dollars per annum:

That the pay of the secretary of Congress be as follows: from the 10th February, 1778, the date of the last settlement of his account, to the 16 of October following, at the rate of 2000 dollars per annum; from the time last mentioned to the 2d November, 1778, 4000 dollars per annum; and from and after that day until the further order of Congress, at the rate of 14,000 dollars per annum:

That the salary of the secretary of the Marine Committee be, from the 2d November, 1778, at the rate of 8000 dollars per annum, until he was appointed secretary to the Board of Admiralty:

That the pay of the clerks of the Commercial Committee, the clerk of the navy board of the middle district, and the secretary of ordnance and paymaster to the Board of War and Ordnance, from the 2 November, 1778, or from the dates of their appointments, if elected after that time, be at the rate of 8000 dollars per annum respectively, until the further order of Congress:

That William Story, having performed the service of clerk and pay master to the navy board of the eastern district, be appointed to that office and entitled to receive, from the 2 November, 1778, in lieu of every other allowance, at the rate of 8000 dollars per annum, until the further order of Congress. 0107 99 That the accounts of said officers be forthwith adjusted and that no advances be hereafter made on their salaries respectively:

[That the salary of the treasurer of loans, from the second November, 1778, be the same as that of a commissioner of the chambers of accounts, until the further order of Congress; in full of all services in the said office:

That the accounts of the said officers be forthwith adjusted and closed, and that no advance be hereafter made to any of them on account of their salaries but by order of Congress .

Your committee further beg leave to report that the cases of the principal officers named above previous to the second day of November, 1778, be recommended to the consideration of some future Congress. 1 ]

1 This report, in the writing of Elbridge Gerry, except the portion in brackets which is in the hand of Thomas McKean. is in the Papers of the Continental Congress , No. 28, folio 281.

Congress proceeded to consider the report of the committee, to whom was referred on the 17 December last, the last return of provisions and stores issued at Philadelphia, from the 1 to 26 November, inclusive; and thereupon,

Resolved , That all issues of articles in the department of the commissary general of issues, made in pursuance of a resolution of Congress of the 2 October, 1777, be discontinued:

That the Medical Committee, as soon as they shall judge convenient, give directions for removing the hospitals in or near Philadelphia, to some other place, where wood and other necessaries may be procured on more reasonable terms than in the city aforesaid:

That the issuing commissaries be respectively directed not to deliver rations, or parts of rations, to any hospital commissary, unless on returns signed by him and countersigned by the principal physician or surgeon of the respective hospitals, specifying the names and stations of the persons 0108 100 for whom, and for what time, the rations are drawn; and that the hospital commissary be also required to annex to each return the receipts of the persons to whom he shah have delivered the provisions drawn on the last return:

That the commissary general of issues direct the form of the returns and receipts aforesaid. 1

1 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress , No. 29, folio 123.

Resolved , That a committee of three be appointed to prepare a draught of a commission for the judges of the Court of Appeals:

The members chosen, Mr. [Thomas] McKean, Mr. [Oliver] Ellsworth, and Mr. [Robert R.] Livingston.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, JANUARY 28, 1780

An extract from the minutes of the general assembly of the State of Pennsylvania, was laid before Congress, purporting that the House have appointed a committee for conferring with Congress and the executive council, on the supply of flour demanded of this State, &c., and authorising the committee to request a conference with the honorable Congress, or a committee thereof, on the business aforesaid. 2

2 This communication is in the Papers of the Continental Congress , No. 69, II, folio 173.

Resolved , That a committee of three be appointed to confer with the committee of the general assembly of the State of Pennsylvania, on the subject afore mentioned.

The members chosen, Mr. [Roger] Sherman, Mr. [Robert R.] Livingston, and Mr. [James] Forbes. A report from the Board of Treasury was read; Whereupon,

Ordered , That a warrant issue on the treasurer, in favour of Mr. Robert R. Livingston, for forty six thousand six hundred and sixty six dollars and sixty ninetieths of a dollar, 0109 101 to discharge a draught, of the 25th instant, in his favour for the like sum made by Ephraim Blaine, Esquire, commissary general of purchases, the same to be charged to the said commissary general, for the use of his department. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 59.

Sundry motions being made for settling the accounts of agents for prizes, &c. for disposing of ships and vessels, and for establishing regular packets between the United States and France,

Ordered , That they be referred to the Board of Admiralty. A motion being made for transferring the business of the Committee of Commerce to the Board of Admiralty:

Ordered , That the same be referred to the Board of Admiralty and Committee of Commerce. A report from the Board of Treasury was read; Whereupon,

Ordered , That on the application of Charles Pettit; assistant quarter master general, the following warrants amounting to the sum of eight hundred and fifty thousand dollars, issue in his favour on account of Major General Greene, quarter master general, for the use of his department; and for which he is to be accountable, viz.

One on Joseph Borden, commissioner of the continental loan office, for the State of New Jersey, for six hundred thousand dollars; and

Another on Abraham Yates, Junior, commissioner of the continental loan office, for the State of New York, for two hundred and fifty thousand dollars.

That a warrant issue on the treasurer, in favour of Mr. [Nathaniel] Peabody, one of the delegates for the State of New Hampshire, on his application, for four thousand dollars, for which the said state is to be accountable.

Whereas the drawing of the blanks as well as the prizes in the second class of the United States lottery has been 0110 102 attended with great and unnecessary expence and delay, and the drawing of the prizes only is equally secure and advantageous to the adventurers; therefore,

Resolved , That the Board of Treasury be authorized to direct the managers of the United States lottery to draw the prizes only, in the third class of the said lottery; and that in case any of the tickets should remain unsold at the commencement of the drawing, to continue the sale in the place where the lottery is drawn, under the direction of the said Board. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 57.

Ordered , That the report of the Board of Treasury relative to the allowance of managers of the lottery be re-committed.

The committee appointed to receive the communications of the minister of France, reported the following extracts and summary:

No. 1

Extract of a despatch from lord Weymouth to lord Grantham, dated March 16, 1779.

My language to the marquis of Almodavar, flowing from my ardent desire of peace, has gone too far, and failed in precision, if it imported a disposition to exchange the royal honour and manifest rights, for a decent exterior and plausible temperature. Let France propose her complaints, pretensions, or points of any kind whatever, and an adequate answer will be given: Or let there be a truce for a certain time between Great Britain and France, during which period the pretensions of one and the other may be adjusted through the good offices of his Catholick Majesty. Let the colonies propose their complaints, and the conditions for their security and caution by which may be re-established 0111 103 the continuance and authority of a lawful government; we shall then see if we can come to a direct and immediate agreement. Or, if they also prefer the method abovementioned, let there be likewise a truce made with North America, that is, a real truce, and effective suspension of hostilities, during which the liberty and effects of all sorts and classes of persons may be re-established and secured, and all violence suspended on one side and the other, against the respective individuals and the estates or effects they possess. In these truces the French may treat of their own peculiar matters without giving the umbrage which would be inevitable if they mixed in the negotiation their own particular advantages with the supposed interests of those whom France affects to call her allies: And his Britannick Majesty may establish the government of his own dominions, without the disagreeable circumstance of receiving the conditions relative thereto from the hands of a declared enemy.

No. 2.

The ultimatum of the propositions made by the Catholick King to the two courts of Paris and London.

If these openings or propositions had come immediately after the king had made his for the forming of a plan of reconciliation, many difficulties might have been removed, or adjusted, by the modifications which it might have been practicable to have negotiated, if reciprocal good faith had existed, and a confidence to conclude a peace. But having lost more than two months' time, without mentioning what had been uselessly spent before, and that during this interval there was no cessation in great preparations for war, suspicions inevitably arise, that the object of England is 0112 104 to consume the remaining months of the campaign, and to continue the war with vigour. If this be the case, every attempt of the king will be useless towards establishing concord between the belligerent powers. Nevertheless his Majesty, willing to give the last proof of his love of humanity, and to demonstrate that he has left nothing undone to impede and put a stop to the calamities of war, has commanded that the following plan be proposed to the two courts, which on his part is the ultimatum of his negotiation: That there shall be a suspension of arms with France without limitation, and under this condition—that neither of the belligerent powers shall break it without giving the other one year's previous notice. That with a view that this suspension of hostilities may re-establish reciprocal security and good faith between the two crowns, there shall be a general disarming, within one month, in all the European; within four, in those of America; and within eight, or one year, in the most remote parts of Africa and Asia. That in the space of one month a place shall be fixed upon, in which the plenipotentiaries of the two courts shall meet to treat of a definitive adjustment of peace, regulate the respective restitutions or compensations necessary in consequence of the reprisals that have been made without any declaration of war, and to settle such matters of complaint or pretensions, as the one crown may have against the other; to the accomplishment of which end, the king will continue his mediation; and does now, for the holding of this congress, make an offer of the city of Madrid. That a like suspension of hostilities shall be separately granted by the king of Great Britain to the American colonies, through the intercession and 0113 105 mediation of his Catholick Majesty, to whom the king of Great Britain shall promise the observance thereof, and with the condition not to break it, without giving his majesty one year's previous notice, in order that he may communicate the same to the said American provinces: And that there be a reciprocal disarming, the same as with France, in the same times and places, regulating the limits that shall not be passed by the one or the other party, with respect to the places they may respectively occupy at the time of ratifying this arrangement. That for settling these particulars and others relative to the stability of the said suspension, and the effects it may produce while it subsists, there shall be sent to Madrid one or more commissaries on behalf of the colonies; and his Britannick Majesty shall also send his, under the mediation of the king, if necessary; and that in the mean time, the colonies shall be treated as independent in fact. Finally, in case all the belligerent powers, or any one of them, or if only the said colonies demand that the treaties, or agreements, which shall be concluded, be guarantied by these powers and by Spain, the same shall be done. And the Catholick King now makes an offer of his guarantee to these preliminaries.

No. 3

Extract of an answer of the court of London to the propositions contained in the ultimatum of Spain, dated May 4, 1779.

The propositions of the Catholick King tend directly to the end which Spain had proposed, to form, from the pretensions of the colonies to independence, one common cause with them and with France. If the 0114 106 conditions which the Court of Versailles had communicated to his Catholick Majesty do not present a better aspect than this for the treaty, or do not offer less imperious and less unequal terms, the king of Great Britain has only to lament that he finds the hopes frustrated, which he had always conceived, of a happy restoration of peace, as well for his own subjects, as the world in general.

The committee appointed to receive the communications of the honble the Minister Plenipotentiary of France, having conferred with the Minister, laid before Congress a summary of the said communications.

A summary of the communications made by the minister to the committee, and by them reported to Congress, January 28, 1780.

The minister of France informed the committee, that he had it in command from his king to impress upon the minds of Congress, That the British cabinet have an almost insuperable reluctance to admit the idea of the independence of these United States, and will use every possible endeavour to prevent it. That they have filled several of the courts of Europe with negotiations, in order to excite them to a war against France, or to obtain succours; and are employing the most strenuous endeavours to persuade the several powers that the United States are disposed to enter into treaties of accommodation. That many persons in Europe are actually employed in bringing such treaties to perfection; and that they have no doubt of their success. That the objects which the British cabinet hope for from those measures are, to destroy the superiority which France has now at sea, by diverting her powers 0115 107 and resources from naval to land operations, and by engaging her in a land war, where she must risk very important interests, while England would risk nothing but money; or to break, or weaken the alliance, by destroying the confidence which the allies ought to have in each other. That his most Christian Majesty gives no credit to the suggestions of Britain relative to the disposition of the United States; and it is necessary that measures be taken for the preventing of other powers from being deceived into a belief of them. That the negotiations of Britain, as far as could yet be learned, had not succeeded. That the dispositions of all the European powers are, as far as can be known, very friendly to France; but some of them may be engaged in secret treaties with Britain, which may oblige them, in some event, to assist her with troops even against their inclinations. That such event may arise, and if it should, it is probable it will produce an armed mediation, the consequences of which would be, that the allies must accept of the terms proposed by the mediator, or continue the war under the disadvantage of having the forces of the mediator united with those of their enemies. That, in such event, it is possible the terms proposed will be such as Spain offered, and Britain rejected, in the last proposed mediation. That, though the powers who may be under such engagements by treaty to Great Britain, from their friendly disposition towards his most Christian Majesty, may be very unwilling to give assistance to his enemies, yet they may find it indispensably necessary in compliance with their engagements; but it is not improbable that their reluctance, or the distance of their dominions, may delay such assistance, if granted at all, so as to 0116 108 be too late for the next campaign. That should the enemy be in possession of any part of the United States, at the close of the next campaign, it will be extremely difficult to bring Great Britain to acknowledge their independence; and if a mediator should be offered, while the enemy is in possession of any part, an impartial mediator could not easily refute the arguments which might be used for its retaining such possessions. And probably a mediator well disposed towards Great Britain might insist on her holding them; and if not agreed to, the hostility of such a mediator would be the necessary consequence. That should Great Britain form such alliances, or procure such aid as are the objects of her present negotiations, there will be every reason to fear a long and an obstinate war, whereof the final event may be doubtful. That this view of affairs plainly points out the necessity for the greatest possible vigour in the operations of the next campaign, in order to dispossess the enemy of every part of the United States, and to put them in condition to treat of peace, and accept of a mediation, with the greatest advantage; and the preparations for it ought to be as speedy and as effectual as possible. That France and Spain are prepared to make a very powerful diversion, and will exert themselves most strenuously for preserving and improving their naval superiority, and for employing the powers of the enemy in Europe and the West Indies. The minister declared, as from himself, that he doubted not his most Christian Majesty will spare some ships to the United States, if it can be done without endangering his superiority at sea; and that an application made to the minister informally is more eligible than to the king, because it would give his 0117 109 Majesty great pain to refuse the request, though he might be in no condition to grant it. That at all events supplies should be prepared on a supposition that the ships will be granted; and such supplies should be put into the hands of the agent for the marine of France, and considered as the king's property.

He desires to be informed, as far as Congress may deem proper, what force the United States can bring into the field next campaign? On what resources they rely for their maintenance, and necessary appointments? And what shall be the general plan of the campaign, on supposition either of having, or not having, the aid of ships of war? He gives it as his opinion, that an application for clothing may be made to his most Christian Majesty with prospect of success; and although measures have been taken for sending arms and warlike stores to America, yet it would be prudent in Congress not to neglect any other means for procuring those supplies, or supplies of clothing. 1

1 These extracts and communications were entered only in the manuscript Secret Journal, Foreign Affairs. The report of the committee, in the writing of Thomas Burke, is in the Papers of the Continental Congress , No. 25, I, folio 173. It is printed in the Diplomatic Correspondence of the American Revolution (Wharton) III, 481.

Ordered , That it be referred to the said committee, and that they report thereon.

Congress took into consideration the report of the committee on the letter from Major General Greene, quartermaster general, relative to the claim of Mr. S. Moore, and some time being spent thereon,

Ordered , That it be re-committed. 2

2 The report which was considered is endorsed by Thomson: “Delivered in January 28, 1780.” It is the same, except for a few verbal changes, as the report delivered in January 25, and is in the writing of Ezra L'Hommedieu. It is in the Papers of the Continental Congress , No. 19, IV, folio 91.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, JANUARY 29, 1780

A letter, of 24, from Brigadier General Irvine, was read:

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

A memorial from the executors of Peter Chevalier, deceased, in behalf of his widow and children, was read: 1

1 This memorial, dated January 27, 1780, is in the Papers of the Continental Congress , No. 41, II, folio 90.

Ordered , That it be referred to the Committee of Commerce. A report of the Board of Treasury was read; Whereupon, Ordered, That a warrant issue on the treasurer, in favour of Mr. [Allen] Jones, one of the delegates for the State of North Carolina, on his application, for six thousand dollars; for which the said State is to be accountable.

The committee, appointed on the 10th to consider a motion relative to the army, brought in a report:

The Committee appointed the 10 th Inst. to consider a motion relative to the army, having agreeable to the intentions of Congress consulted General Washington on the subject, and considering also that all matters relative to the establishing and reinforcing the army have been lately referred to the Board of War, who are to confer with the Baron De Steuben on the subject beg leave to report. That the said Motion together with a letter from G. Washington to the Committee dated the 23 d Inst. be referred to the Board of War. 2

2 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress , No. 21, folio 235. It is endorsed by Thomson: “Delivered and read January 29, 1780; agreed to January 29.” See ante , January 10. Draft of Washington's letter is in the Washington Papers , Series A. V, pt. 1, 153.

Ordered , That the said motion, together with a letter, of the 23, from the Commander in Chief to the committee, be referred to the Board of War.

On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Nathaniel] Peabody,

Resolved , That a secretary be not allowed to the navy board in the middle district, but that Mr. J. Pennell be clerk and paymaster to the said board, with his former salary of eight thousand dollars per annum.

0119 111

On motion of Mr. [Robert R.] Livingston, seconded by Mr. [John] Penn,

Resolved , That the Board of War, in preparing their estimate for the troops to be furnished for the ensuing campaign by the respective States, adjust and report the quotas to be furnished by the respective States.

Adjourned to 10 o'Clock on Monday.

MONDAY, JANUARY 31, 1780

A letter from General Washington was read, enclosing one, of 16, from Brigadier du Portail;

Also one, of 26, from the same, was read, respecting Colonel Bland.

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

Two letters, of 27, from the General, were read. 1

1 The first letter is in the Papers of the Continental Congress , No. 152, VIII, folio 333; the letter of the 26th is on folio 371; those of the 27th are on folios 375 and 379.

Resolved , That Congress are impressed with a high sense of the attachment and zeal of the magistrates and inhabitants of the State of New Jersey, in the common cause; and of their ready and effectual exertions in providing and furnishing the army, under his Excellency the Commander in Chief, with provisions, at a time when the difficulty of transportation rendered such exertions absolutely necessary.

The committee, to whom was referred the summary of the communications from the Minister of France, brought in a report, which, being read and debated by paragraphs, was agreed to.

Congress taking into consideration the foregoing communications,

Resolved , That the following answer be given to the communications of the honourable the Minister Plenipotentiary of France: That Congress entertain the most grateful sense of the unremitting attention given to the 0120 112 interests of the United States by their illustrious ally; and consider the communications made to them by his minister under his Majesty's special command as equally wise and interesting. That the boundless confidence which they repose in his Majesty, in consequence of his so generously interesting himself in the affairs of these United States, and the wisdom and magnanimity of his councils, determines them to give the most perfect information in their power of their resources, their views and their expectations.

That to this end, they state as follows: That the United States have expectations on which they can rely with confidence of bringing into the field an army of 25,000 effective men, exclusive of commissioned officers. That this army can be reinforced by militia so as to be in force sufficient for any enterprises against the posts occupied by the enemy within the United States. That supplies of provisions for the army in its greatest number can certainly be obtained within the United States; and the Congress, with the cooperation of the several states, can take effectual measures for procuring them in such manner as that no operation will be impeded. That provision also for such of the forces of his most Christian Majesty as may be employed in conjunction or co-operation with those of the United States, can be procured under the direction of Congress; and such provision shall be laid up in magazines, agreeably to such instructions as his Majesty's Minister Plenipotentiary shall give; and the magazines shall be put under the direction of the agent of the marine of France. That Congress rely on the contributions of the states by taxes, and on moneys to be raised by internal loans for the pay of the army. That supplies of clothing, of tents, of arms and 0121 113 warlike stores, must be principally obtained from foreign nations; and the United States must rely chiefly on the assistance of their ally for them; but every other means for procuring them are already taken, and will be prosecuted with the greatest diligence. That the United States, with the assistance of a competent naval force, would willingly, during the next campaign, carry on the most vigorous offensive operations against the enemy in all the posts occupied by them within the United States. That without such naval force, little more can be attempted by them than straitening the quarters of the enemy, and covering the interior parts of the country. That their forces must be disposed in such manner as to oppose the enemy with the greatest effect, wheresoever their most considerable operations may be directed. That at present the southern states seem to be their principal object, and their design to establish themselves in one or more of them; but their superiority at sea over the United States enables them to change their objects and operations with great facility, while those of the United States are rendered difficult by the great extent of country they have to defend. That Congress are happy to find that his most Christian Majesty gives no credit to the suggestions of the British cabinet relative to the dispositions of the United States, or any of them, to enter into treaties of accommodation with Great Britain; and wish his Majesty and all the powers of Europe to be assured, that such suggestions are insidious and without foundation. That it will appear by the constitutions and other publick acts of the several states, that the citizens of the United States possessed of arms, possessed of freedom, possessed of political power to create and direct their magistrates as they 0122 114 think proper, are united in their determinations to secure to themselves and their posterity the blessings of liberty, by supporting the independence of their governments, and observing their treaties and publick engagements with immoveable firmness and fidelity. And the Congress assure his Majesty, that should any individual in America be found base enough to show the least disposition for persuading the people to the contrary, such individual would instantly lose all power of effecting his purpose, by forfeiting the esteem and confidence of the people. 1

1 This report, in the writing of Thomas Burke, is in the Papers of the Continental Congress , No. 25, I, 181. A copy in Thomson's hand is on folio 189. It was entered only in the manuscript Secret Journal, Foreign Affairs. It is printed in the Diplomatic Correspondence of the American Revolution (Wharton) III, 485.

The said committee report, That in a second conference with the honourable the Minister Plenipotentiary of France he communicated to them—

That his most Christian Majesty, being uninformed of the appointment of a minister plenipotentiary to treat of an alliance between the United States and his Catholick Majesty, has signified to his Minister Plenipotentiary to the United States, that he wishes most earnestly for such an alliance; and in order to make the way thereto more easy, has commanded him to communicate to the Congress certain articles which his Catholick Majesty deems of great importance to the interests of his crown, and on which it is highly necessary that the United States explain themselves with precision, and with such moderation as may consist with their essential rights.

That the articles are—

1. A precise and invariable western boundary to the United States.

2. The exclusive navigation of the river Mississippi.

0123 115

3. The possession of the Floridas; and

4. The lands on the left or eastern side of the river Mississippi.

That on the first article, it is the idea of the cabinet of Madrid that the United States extend to the westward no farther than settlements were permitted by the royal proclamation bearing date the day of 1763.

On the second, that the United States do not consider themselves as having any right to navigate the river Mississippi, no territory belonging to them being situated thereon.

On the third, that it is probable the king of Spain will conquer the Floridas during the course of the present war; and in such event, every cause of dispute relative thereto between Spain and these United States ought to be removed.

On the fourth, that the lands lying on the east side of the Mississippi, whereon the settlements were prohibited by the aforesaid proclamation, are possessions of the crown of Great Britain, and proper objects against which the arms of Spain may be employed, for the purpose of making a permanent conquest for the Spanish crown. That such conquest may, probably, be made during the present war. That therefore it would be advisable to restrain the southern states from making any settlements or conquests in those territories. That the council of Madrid consider the United States as having no claims to those territories, either as not having had possession of them before the present war, or not having any foundation for a claim in the right of the sovereignty of Great Britain, whose dominion they have abjured.

That his most Christian Majesty, united to the Catholick King by blood and by the strictest alliances, and 0124 116 united with these states in treaties of alliance, and feeling towards them dispositions of the most perfect friendship, is exceedingly desirous of conciliating between his Catholick Majesty and these United States, the most happy and lasting friendship.

That the United States may repose the utmost confidence in his good will to their interests, and in the justice and liberality of his Catholick Majesty; and that he cannot deem the revolution which has set up the independence of these United States as past all danger of unfavourable events, until his Catholick Majesty and the United States shall be established on those terms of confidence and amity which are the objects of his most Christian Majesty's very earnest wishes. 1

1 This report was entered only in the manuscript Secret Journal, Foreign Affairs. A copy, in Thomson's hand, is in the Papers of the Continental Congress , No. 25. I, folio 193. It was presented February 2, as the endorsement shows. It is printed in the Diplomatic Correspondence of the American Revolution , (Wharton) III, 488.

The Board of Admiralty and the committee appointed to prepare the draught of a commission for the judges of the court of appeals, delivered in reports.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, FEBRUARY 1, 1780

A letter, of 31 January, from the Board of War, was read, enclosing two letters from Mr. Holker: 2

2 This letter is in the Papers of' the Continental Congress , No. 148, I, folio 51.

Ordered , That the same be referred to a committee of three: The members chosen, Mr. [Nicholas] Van Dyke, Mr. [Abraham] Clark, and Mr. [Ezra] L'Hommedieu.

A letter, of this day, from Jonas Fay, Moses Robinson, and Stephen R. Bradley was read, enclosing a paper endorsed “appointment of agents for Vermont.” 3

3 This letter is in the Papers of the Continental Congress , No. 40, I, folio 313.

0125 117

The Board of Admiralty sent in a report for establishing packets; and the Board of War sent in a report for apportioning the quotas of men to be raised by the several States

Admiralty Office Feby. 1, 1780 .

The Board pursuant to a motion referred to them for establishing regular packets between these United States and the Kingdom of France beg leave to Report the following plan.

That three Packet Boats be established by the Board of Admiralty to sail from hence for Nantes in the Kingdom of France as soon as may be after the first Tuesday in the months of April June August October December and February annually during said establishment.

That the mails be made up in the Post office in Philadelphia on said days and that the Post Master General fix the Postage of all private letters carried by said Packet boats.

That the said Packet Boats sail from Nantes aforesaid for Delaware or Chesapeake Bays as soon as may be after the first Thursday in the months of June, August, October, December, February, and April Annually on which days the mails are to be made up in France.

That the Minister Plenipotentiary of these United States at the Court of France appoint some suitable person for that purpose and for fixing and receiving the postage of private letters there.

That the Captains of Said Packet boats follow such directions as the Board of Admiralty shall give them from time to time, the said Board conforming themselves in their directions as nearly as possible to the foregoing Resolutions. 1

1 This report is in the Papers of the Continental Congress , No. 37, folio 179.

At a Board Of War , Jany 31. 1780

Present Col Pickering, M(r). Peters, Col Grayson

The want of certain information of the strength of each State in the Union, induced the Board to request Congress to settle the relative proportion of any given number of Troops to be drawn from the States, by which they might adjust the quotas necessary for the next campaign. Congress having been pleased to direct the Board in the first instance to make such adjustment, they have been obliged to recur to the first apportionment of the 88 Battalions, as the least exceptionable, only excluding Georgia on account of her 0126 118 particular circumstances. By this rule the Board have fixed the quotas of the several States as follows, viz.

New Hampshire 1215

Massachusetts Bay 6070

Rhode Island 810

Connecticut 3238

New York 1620

New Jersey 1620

Pennsylvania 4855

Delaware 405

Maryland 3238

Virginia 6070

North Carolina 3640

South Carolina 2430, exclusive of blacks &c

In the whole amounting to 35, 211 which number arises from the following estimate, viz.

Infantry—including the rank and file only 24. 000

Sergeants and musick for 79 Regt s (the number of Regts now existing) of the original 88 3.871

Sergeants and music for 10 additional Corps 500

Officers' Servants, as well for the 79 Regts as for the Officers of the independent Corps, and Gen l . Officers who in time of action will probably be sent with their Masters Baggage 2000

Artificers and Waggoners, including drivers of the artillery and ammunition waggens 1600

Cavalry, 900 Sergeants and music 100 1000

Servants of the Officers of Cavalry 80

Artillery 1008, Matrosses 912, Sergeants, Corporals, gunners and bombardiers, 96 drums and fifes and 88 artificers attached to the Artillery 2000

Servants to Artillery Officers 160

Making in the whole 35, 211

They have added to this account, the Artillery and Cavalry that when the men belonging to those Corps are credited to the States in which they were raised (agreeably to the Resolution of Congress) the deductions thereby made from their quotas of Infantry might not reduce the latter in the whole below 24,000 rank and file. From this number, sickness and desertions will probably take off one fifth 0127 119 part by the middle of the campaign; so that the operating force of Infantry for the main army, that in Carolina, and on the frontiers will not then exceed 19,200 rank and file.

In making this estimate, they have rejected all those men returned in the abstract of the muster rolls of October, whose times of service will expire between that day and the first of July precding, (when the Campaign may be considered as commencing) being only

If 79 battalions (as Georgia is excluded) were to be completed to their full complement, agreeably to the establishment of May 1778 the number of troops would amount to 43,687 including the sergeants and music with the rank and file.

The Regimented Artificers in the departments of the Q r Master Gen l and Comm y Gen l . of Military Stores will amount to about 500 men which when credited to the States, will be a deduction of so many from the military force before stated. Another deduction will be made by drafting from the Line three companies of sappers and miners which with the servants of the Engineers and Officers of the sappers and miners will amount to 220 men.

If the whole number of Sergeants in the 79 battalions and 10 independent Corps be added to the 24,000 rank and file the amount will be 26, 581 from which if one fifth for sickness and desertions be deducted 5.316 there will remain 21,265 men armed with muskets and bayonets—a force small enough they conceive for any decisive operations the next campaign.

In regard to Officers' Servants, it is to be regretted that thereby such a deduction from the strength of the army should be made, but it is Gen 1 . Washington's opinion, as well as our own, that officers must be furnished with servants from the line, their appointments being insufficient to procure them in any other way. When a stricter discipline is introduced perhaps the number withdrawn from action may be lessened thereby. For carrying this plan into execution the Board beg leave to report the following Resolutions

That for the ensuing campaign, the States be respectively required to furnish by drafts or otherwise on or before the first day of April next their respective deficiencies of the number of 35,211 Passed men which Congress deem necessary for the service of the present year. The quotas of the several States to be fixed in the following manner—viz: (as mentioned in the first page)

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That all the men whose times of service do not expire before the last day of September next, be counted towards the quotas of the States to which they respectively belong, whether they compose the Battalions in the line of the Several States—those of the additional Corps including the guards, the artillery and horse—or the regimented artificers in the Departments of the Q r Master Gen 1 or Comm y . Gen l . of Military Stores who being credited to the States respectively should be provided for, deemed and treated in the same manner with the men in the several State lines. And it is recommended to the several States to make like provision for the Officers and men of the Artillery, Horse, additional Battalions including the guards and regimented Artificers, as may be made in pursuance of any resolution of Congress for the Officers and men of their respective Battalions, with such exceptions respecting the regimented artificers, as have been made by Congress in their Acts concerning them.

That the Commander in Chief be directed forthwith to transmit to the several States accurate returns of the Troops now in service, belonging, or credited to their respective quotas, to the intent that immediate measures be taken by the Govmt s . of the States, to bring the men to be raised, into the field with certainty and expedition.

The Board have adjusted the quotas without regard to any particular number of Regt s . into which the troops of each State may finally be divided—for tho' the formation of Regiments into equal numbers would be attended with many advantages, yet if any precise number of Regts and their strength were fixed for each State, the credit to be given for their men in the artillery, horse and extra Corps would immediately produce considerable inequalities

The other points relative to the Army, referred at the same tune to the Board, they will report upon without delay 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 88.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, FEBRUARY 2, 1780

A letter, of 30 January, from General Washington, was read, inclosing a letter from Major General Greene, quarter master general, and the proceedings of the general court martial on the trial of Major General Arnold: 2

2 Washington's letter is in the Papers of the Continental Congress , No. 152, VIII, folio 385.

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Ordered , That Monday next be assigned for considering the proceedings aforesaid.

Congress took into consideration the report of the committee, appointed to prepare the draught of a commission to the judges of the Court of Appeals; and thereupon,

Resolved , That the commission to the judges of the Court of Appeals be as follows:

The United States of America in Congress assembled, to the honorable

Greeting:

Know you, that, reposing special trust and confidence in your patriotism learning, prudence, integrity, and abilities, we have assigned, deputed, and appointed you one of our judges of our Court of Appeals, to hear, try, and determine all appeals from the courts of admiralty, in the states respectively, in cases of capture, upon the water which now are, or hereafter may be duly entered and made in any of the said states; and to do generally all those things that you are or shall be authorized and empowered by Congress to do and perform, and which shall be necessary in and about the premises for the execution of the said office, according to the law and usage of nations and the acts of Congress; to have, hold, exercise, and enjoy, all and singular, the powers, authorities, and jurisdictions aforesaid; and also the privileges, benefits, emoluments, and advantages to the said office belonging, or in any wise appertaining.

Witness, his Excellency Samuel Huntington , Esq. president of Congress, at Philadelphia, the day of in the fourth year of our independence, and in the year of our Lord one thousand seven hundred and eighty. 1

1 This report, in the writing of Thomas McKean, is in the Papers of the Continental Congress , No. 29, folio 383.

Congress took into consideration the report of the Board of War, and some time being spent thereon,

Adjourned to 10 o'Clock to Morrow.

THURSDAY, FEBRUARY 3, 1780

A letter, of 10 January, and a memorial from Samuel Safford, lieutenant colonel, were read:

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

A memorial from William Young was read. 1

1 Young's memorial, dated January 21, 1780, is in the Papers of the Continental Congress , No. 41, X, folio 711; Safford's letter is in No. 78, XX, folio 495.

A letter, of 3d, from J. Nourse, assistant auditor general, was read:

Ordered , That it be referred to the Board of Treasury, to take order.

A letter, of 3d, from Robert Troup, secretary to the Board of Treasury; and a letter, of the same day, from the Board of War, were read: 2

2 Troup's letter is in the Papers of the Continental Congress , No. 78, XXII, folio 661; the Board of War's letter is in No. 148, I, folio 55.

Ordered , That they be referred to the Board of Treasury.

A letter, of 15 December, from the governor of Georgia, enclosing several resolves and proceedings of the assembly and executive council of that State, and accompanied with a letter, of 30 November, from the speaker of the house of assembly; and a letter, of 23 January, from Clement Nash, were read: 3

3 The Georgia letter is in the Papers of the Continental Congress , No. 73, folio 262; Nash's letter is in No. 78, XVII, folio 103.

Ordered , That the same be referred to a committee of three:

The members chosen, Mr. [John] Mathews, Mr. [Thomas] Burke, and Mr. [Cyrus] Griffin.

Ordered , That the second report of the committee, appointed to receive the communications of the honorable the Minister Plenipotentiary of France, be referred to the said committee.

Adjourned to 10 o'Clock to Morrow.

FRIDAY, FEBRUARY 4, 1780

Mr. John Collins, a delegate from Rhode Island, attended and took his seat in Congress.

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Congress resumed the consideration of the report of the Board of War, relative to filling up the army, and upon apportioning the quotas of the several states.

A motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [George] Partridge, to strike out the quota of Massachusetts Bay, viz. 6070, in order to reduce it; and on the question, shall that number stand, the yeas and nays being required by Mr. [Elbridge] Gerry, 1

1 The vote was entered by George Bond.

New Hampshire Mr. Folsom no no Massachusetts Bay, Mr Gerry, no Lovell, no no Holten, no Partridge, no Rhode Island, Mr. Ellery, no no Collins, no Connecticut, Mr. Huntington, ay Sherman, no ay Ellsworth ay New York, Mr. Livingston, ay ay L'Hommedieu, ay New Jersey Mr. Fell, ay Houston, no no Clark, no Pennsylavania, Mr. Searle, ay div. McLene, no Delaware, Mr. Van Dyke, ay ay Maryland, Mr. Forbes, ay * Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones ay South Carolina, Mr. Mathews, ay ay

So it was resolved in the affirmative.

Some time being spent,

Ordered , That the farther consideration thereof be postponed till to morrow.

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The committee, to whom was re-committed their report on General Greene's letter, respecting Mr. Moore, and the Board of Admiralty, delivered in reports.

The Committee to whom was referred the letter from Gen 1 Greene, and the papers respecting the quantity and value of the wood cut on the farm of M r Stephen Moore at West Point, for the purpose of supplying the Army with wood, and for the erecting of fortifications, beg leave to report, that in the opinion of your Committee it will be for the interest of the United States to purchase the said farm of M r Stephen Moore, who will agree to sell the same, for a sum of money equivalent to what shall be deemed to have been the value thereof in the year 1774, and a sum equivalent to what shall be deemed to have been the value of two years rent for the said farm; by such persons as Congress shall hereafter appoint for that purpose; provided Congress will advance to him at present forty thousand dollars in part of the purchase money to be paid him for the said farm. If Congress should judge it expedient to purchase the said farm, Your Committee would propose the following resolution, to wit,

Resolved , That whereas Congress have agreed with M r Stephen Moore for the purchase of his farm at West Point containing 1080 Acres, for the use of the United States, for a sum of money equivalent to what shall be deemed to have been the value of the said farm in the year 1774 and also the value of the rent thereof for two years, by such persons as Congress shall hereafter appoint for that purpose, at which time the said Stephen Moore is to make sufficient conveyances for the said farm to such person or persons as Congress shall direct for the use of the United States, and whereas Congress have agreed to advance to the said Stephen Moore 40,000 dollars in part of the purchase money to be paid him for his said farm, Ordered that the two following warrants issue in his favor for the said sum to wit, One on Michael Hillegas Esq r Continental Treasurer for ten thousand dollars, and one on Richard Caswell Esq r Governor of the State of North Carolina for thirty thousand dollars, to be paid out of the monies raised by the said State for the use of the United States, for which the Board of Treasury will take a proper receipt of M r Moore 0133 125 binding him to make the conveyance for his said farm agreeable to the foregoing resolution. 1

1 This report, in the writing of Ezra L'Hommedieu, is in the Papers of the Continental Congress , No. 19, IV, folio 93.

The Board of Admiralty and Committee of Commerce to whom was referred the consideration of committing the business of the latter to the direction of the Admiralty beg leave to Report.

That from the present very confused State of the Commercial transactions consisting in a variety of complicated accounts to be adjusted with your several agents in Europe, the West Indies and United States, many of which are confusedly blended with the Marine, Navy boards, Commercial Committees &c.

Your Referees are of opinion it will be absolutely necessary that one or more clerks of sufficient capacity with a competent salary be appointed to make a thorough and accurate investigation of all commercial transactions up to the present time, subject to the superintendance of your Admiralty Board. That business compleated the Board may be competent to the future direction of Commercial affairs. 2

2 This report is in the Papers of the Continental Congress , No. 37, folio 183. It is endorsed: “Report of the Board of Admiralty respecting settling accounts and the commercial committee. Delivered February 4, 1780; read.”

Adjourned to 10 o'Clock to Morrow.

SATURDAY, FEBRUARY 5, 1780

A letter, of 24 January, from Mr. P. Schuyler, was read, enclosing a letter of December 7, from Colonel Guy Johnson at Niagara to Mr. Schuyler, and his answer. 3

3 This letter is in the Papers of the Continental Congress , No. 153, III, folio 489.

Congress resumed the consideration of the report of the Board of War; and the following paragraphs being severally debated, That for the ensuing campaign, the states be respectively required to furnish by drafts, or otherwise, on or before the first day of April next, their respective deficiencies of the number of 35,211 men, which Congress deem necessary for the service of the present year.

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That the quotas of the several states be as follows:

New Hampshire, 1215

Massachusetts Bay, 6070

Rhode Island, 810

Connecticut, 3238

New York, 1620

New Jersey, 1620

Pennsylvania, 4855

Delaware, 405

Maryland, 3238

Virginia, 6070

North Carolina, 3640

South Carolina, 2430, exclusive of blacks.

That all the men whose times of service do not expire before the last day of September next be counted towards the quotas of the states, to which they respectively belong, whether they compose the battalions in the line of the several states, those of the additional corps, including the guards, the artillery and horse, or the regimented artificers in the departments of the quarter master general and commissary general of military stores, who being credited to the States respectively, should be provided for, deemed and treated in the same manner with the men in the several state lines. And it is recommended to the several states to make like provision for the officers and men of the artillery, horse, additional corps, including the guards and regimented artificers, as may be made in pursuance of any resolution of Congress for the officers and men of their respective battalions, with such exceptions respecting the regimented artificers as have been made by Congress in their acts concerning them.

That the Commander in Chief be directed forthwith to transmit to the several states accurate returns of the troops now in service belonging, or credited to their respective quotas, to the intent that immediate measures be taken by 0135 127 the governments of the states to bring the men to be raised into the field with certainty and expedition.

When the question was about to be taken on the whole, a motion was made by Mr. [Oliver] Ellsworth, seconded by Mr. [Samuel] Holten, that the consideration thereof be postponed; and on the question for postponing, the yeas and nays being required by Mr. [James] Forbes,

New Hampshire Mr. Peabody ay ay Mr. Folsom ay Massachusetts Bay, Mr Gerry, ay Lovell, ay ay Holten, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth ay New York, Mr. Livingston, no div. Floyd, ay New Jersey Mr. Fell, no Houston, ay ay Clark, ay Pennsylavania, Mr. Searle, no Muhlenberg, no ay McLene, ay Shippen, ay Delaware, Mr. Van Dyke, no no Maryland, Mr. Forbes, no * Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, no Burke, ay ay Jones ay South Carolina, Mr. Mathews, no no

So it was resolved in the affirmative.

A motion was then made by Mr. [Oliver] Ellsworth, seconded by Mr. [Samuel] Holten, that it be resolved,

That the reasonable expence any State hath or may incur, by raising and having in the continental army , more than what shall hereafter appear to have been their just proportions of the troops actually serving in the said army from time to time , shall be allowed to such states and equitably adjusted in a final settlement of their accounts with the United States.

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A motion was made by Mr. [Thomas] Burke, seconded by Mr. [Samuel] Holten, to amend the motion, by striking out the words, “and having in the continental army.” And also the words, “of the troops actually serving in the said army, from time to time;” and in lieu of the first words, inserting “men for the common defence under the authority of Congress, upon requisition of the Commander in Chief, or any officer commanding a division of the army at detached posts, or departments, or such as shall be by Congress adjudged to have been necessary, or prudently employed to the annoyance of the common enemy, or for the defence of the United States.”

A motion was made by Mr. [Robert R.] Livingston, seconded by Mr. [James] Forbes, that the motion and amendment be committed, and on the question for commitment, the yeas and nays being required by Mr. [James] Forbes,

New Hampshire Mr. Peabody, no no Mr. Folsom no Massachusetts Bay, Mr Gerry, no no Holten, no Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, no Sherman, no no Ellsworth, no New York, Mr. Livingston, ay ay Floyd, ay New Jersey Mr. Fell, ay Houston, ay ay Clark, no Pennsylavania, Mr. Searle, no Muhlenberg, no no McLene, no Shippen, no Delaware, Mr. Van Dyke, ay ay Maryland, Mr. Forbes, ay * Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, no no Jones no South Carolina, Mr. Mathews, ay ay

So it passed in the negative.

Adjourned to 10 o'Clock on Monday.

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 Hampshire In the House of Representatives

January 1 st 1780

Voted. That Samuel Livermore Esq r be and hereby is appointed a Delegate to represent this State in the Hon ble 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 , Sec y

Copy examind

by E. Thompson , Sec ry 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

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

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 0138 130 dated, 19, and [the] other, 22 December last, which were read: 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

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

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

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 , Dec r 2 d 1779 .

Whereas the Hon. John Hancock, Samuel Adams, Elbridge Gerry, James Lovell, Samuel Holten, George Partridge and Artemas Ward, 0139 131 Esq rs 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

Jn o Avery D y Sec y

In the House of Representatives Dec r 3 d 1779.

Read and Concurred

John Hancock Spk r .

Consented to by the Major Part of the Council

True Copy

Attest

John Avery D Sect 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

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 0141 133 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 Comm y . 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

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 , Feb y . 5th, 1780

Present M r . Peters, Col Grayson

The Board having considered the letters from Gen 1 . Washington and Brig r . Gen 1 . 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

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,

New Hampshire, Mr. Folsom ay ay Massachusetts Bay, Mr Gerry, no Lovell, ay ay Holten, ay Partridge, ay Rhode Island, Mr. Collins, no no Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth ay New York, Mr. Livingston, ay Floyd, ay ay L'Hommedieu, ay New Jersey Mr. Fell, ay Houston, ay ay Clark, ay Pennsylavania, Mr. Searle, ay Muhlenberg, ay ay McLene ay Shippen, ay Delaware, Mr. Van Dyke, ay ay Maryland, Mr. Plater, ay div. Forbes, no Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones ay South Carolina, Mr. Mathews, ay ay

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,

New Hampshire Mr. Folsom ay ay Livermore ay Massachusetts Bay, Mr. Gerry, no Lovell, ay no Holten, no Partridge, Rhode Island, Mr. Collins, ay ay Connecticut, Mr. Huntington, no Sherman, no Ellsworth, no New York, Mr. Livingston, ay Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, ay Houston, ay ay Clark, no Pennsylvania, Mr. Searle, ay Muhlenberg, ay ay McLene, ay Shippen, ay Delaware, Mr. Van Dyke, ay ay Maryland, Mr. Plater, ay div. Forbes, no Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, ay ay

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.

TUESDAY, FEBRUARY 8, 1780

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

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Ordered , That a warrant issue on the treasurer, in favour of David C. Claypoole, printer to Congress, for ten thousand dollars, for which sum he is to be accountable.

That a warrant issue on the treasurer, in favour of Mr. James McLene, one of the delegates for the State of Pensylvania, on his application, for five thousand dollars, for which the said State is to be accountable.

That a warrant issue on the treasurer, in favour of Mr. R[oger] Sherman, one of the delegates, for the State of Connecticut, on his application, for five thousand dollars, for which the said State is to be accountable.

That a warrant issue on Thomas Smith Esq r Commissioner of the Continental Loan Office in the State of Pennsylvania for one hundred and eight thousand one hundred and twenty dollars in Loan office Certificates in favour of Peter Whiteside to discharge a note given by the Treasurer to Robert Morriss Esq r dated 21 st of June 1779 for specie borrowed of him in consequence of aa Resolution of Congress of the 16 th of June last for the use of the Commander in Chief.

That a warrant issue on the Treasurer in favor of Francis Gurney Esq r . for the sum of thirty six thousand dollars in payment of the Rent of his house occupied by the President of Congress to the 24 of March Next

That the following warrants issue in favour of Charles Pettit, assistant quarter master general, on account of Major General Greene, quarter master general, and for the use of his department, for which he is to be accountable, viz;

One on Samuel Patterson, Esquire, commissioner of the continental loan office, for the State of Delaware, for eighty thousand dollars.

One on Thomas Harwood, Esquire, commissioner of the continental loan office, for the State of Maryland, for three hundred thousand dollars.

One on his excellency the president and supreme executive council of the State of Pennsylvania, for three hundred 0145 137 thousand dollars, being part of the monies raised in the said State, for the use of the United States, and

One on Abraham Yates, Junior, Esquire, commissioner of the continental loan office, for the State of New York, for one hundred and fifty thousand dollars.

Ordered , That a warrant issue on the treasurer, in favour of Richard Phillips, steward to the President of Congress, for five thousand dollars, for the use of the President's table, for which the said steward is to be accountable.

That a warrant issue on the treasurer, in favour of George Bond, deputy secretary to Congress, for two thousand dollars, to defray the incidental charges of the Secretary's office; and for which he is to be accountable.

That the Board of Treasury direct Thomas Smith, Esquire, continental loan officer for the State of Pensylvania, to deliver to Peter Whiteside, or his order, three thousand nine hundred and thirty one Mexican dollars and 35/54 of a dollar, in bills of exchange, drawn upon the honorable John Jay, Esquire, Minister Plenipotentiary of the United States at the Court of Madrid, to discharge a note given by the Treasury to Robert Morris, Esquire, for specie borrowed agreeably to a resolution of Congress of the 16 of June last. 1

1 A note in the report says: “N. B. If Congress do not think proper to pay Mr. Whiteside in Bills, he would rather chuse to have money than certificates.”

Whereas by a resolution of Congress of the 28 of November, 1778, it was provided, that the allowance of the managers, after that time, should be determined at the close of the drawing of the second class of the lottery:

Resolved , That the said managers be respectively allowed 12 dollars per day for their services from the 28 of November, 1778, to the 29 of June 1779, being the time of finishing the drawing as aforesaid; and that their allowance for transacting the business of the third class be determined at the close of the drawing thereof.

0146 138

The Board on the letter of the 3 rd . instant from Robert Troup Esq r Secretary to the Board (referred to them by Congress) beg leave further to report—

That they have considered the said letter and conferred with M r Troup on the subject of the request made therein. That on enquiry they find some others employed in the Boards of Congress are in similar circumstances with him.

That from this fact a difficulty arises because if the balance mentioned in the letter be remitted, the like will be claimed in other cases and if generally allowed may operate very unequally—

They therefore propose it, be

Resolved , That the balance due from Mr. Troup lie for the present. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folios 65–77. The paragraph relating to Gurney was postponed; that relating to Whiteside was also entered in the manuscript Secret (Domestic) Journal.

Resolved , That the resignation of Mr. R. Troup, secretary to the Board of Treasury, be accepted.

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

Admiralty Office Feby. 5 . 1780.

The Board of Admiralty beg leave to Report to Congress.

That the three Resolutions of the 6 th . May, 1778 directing the mode of constituting Courts of Enquiry and Courts Martial in certain cases, &c. &c. and which expired the 6 th May last be revived changing the words Marine Committee into the Board of Admiralty and take effect from the date hereof.

Resolved , That when any ship or vessel of war, in the service of the United States, shall be lost by capture or otherwise, a court of enquiry, consisting of that continental navy board which shall by the Board of Admiralty be directed to proceed therein, or any three persons that such navy board may appoint, be held to enquire into the cause of such loss; and if it shall appear that the same was occasioned by the negligence or malconduct of the captain, or any other commissioned officer belonging to the ship or vessel of war so lost, that then 0147 139 a court martial be held for the trial of the officer so offending, to consist of such officers, if conveniently to be collected, as by the rules and regulations of the navy constitute a court martial; otherwise of five such persons as the said navy board shall for that purpose appoint; and if such loss should be by capture, and it shall appear on trial, that the same was occasioned by the cowardice or treachery of the commanding officer, then, and in that case, such commanding officer shall suffer death; and if the loss, whether by capture or otherwise, should be occasioned by any other malconduct, such commanding officer shall be, by such court martial, cashiered:

That when two or more ships or vessels of war, in the service of these states, are in company, and any or either of them shall be lost by capture or otherwise, a court of enquiry, so constituted as aforesaid, shall be held to enquire into the causes thereof; and if it should appear that such loss was occasioned by the malconduct or negligence of any captain or commanding officer of any other ship or vessel in company as aforesaid, then a court martial, constituted as before mentioned, Shall be held for the trial of the officer so offending; and if the loss should be by capture, and it should appear on trial, that such capture was occasioned by the cowardice or treachery of such captain or commanding officer, by withholding his assistance from the ship or vessel of war so captured, then, and in that case, such captain or commanding officer shall suffer death; but if it shall appear that the loss happened through any other malconduct of such captain or commanding officer, then he shall be, by such court martial, cashiered:

That if, upon enquiry as aforesaid, into the conduct of any officer or officers in the service of these states, it shall appear that they, or any of them, shall have offended in any instance mentioned in these resolutions, it shall be in the power of the navy board to suspend such officer or officers, until a trim by 0148 140 court martial shall be had; and the navy board shall forth-with transmit to the Board of Admiralty the proceedings of such court of enquiry, with their doings in consequence thereof, and to Congress all the proceedings of courts martial, when any shall be had, previous to the execution of any capital sentence that shall be by such court martial awarded; to the end that Congress may extend their mercy to such offenders as they may judge to be proper objects thereof.

Resolved , That the Board of Admiralty order a court of enquiry to be instituted agreeably to the foregoing resolution, to enquire into the cause of the loss of the continental sloop Fly , lately commanded by Captain James Robinson. 1

1 This report is in the Papers of the Continental Congress , No. 37, folio 187.

On the question to agree to the last resolution, the yeas and nays being required by Mr. [Nathaniel] Peabody,

New Hampshire Mr. Peabody, no Folsom, no no Livermore, no Massachusetts Bay, Mr. Gerry, ay Holten, no no Partridge, no Rhode Island, Mr. Ellery, ay ay Connecticut, Mr. Huntington, no Sherman, ay ay Ellsworth, ay New York, Mr. Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, no Houston, no no Clark, ay Pennsylvania, Mr. Muhlenberg, no McLene, ay ay Shippen, ay Delaware, Mr. Van Dyke, ay ay McKean, Maryland, Mr. Platter, ay ay Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, no no 0149 141

So it was resolved in the affirmative.

A petition of the corporation of the public grammar school, or academy, of the borough of Wilmington, in the Delaware State, was read, praying a compensation for the damages done to their public school: 1

1 This petition, dated February 5, 1780, is in the Papers of the Continental Congress , No. 42, VIII, folio 187.

Ordered , That it be referred to the Board of Treasury, there to be filed with papers of a similar nature.

According to order, Congress proceeded to the consideration of the report of the Board of War; when

A motion was made by Mr. [Abraham] Clark, seconded by Mr. [Nathaniel] Folsom, that the consideration thereof be postponed; and on the question for postponing, the yeas and nays being required by Mr. [James] Forbes,

New Hampshire Mr. Peabody ay Mr. Folsom ay ay Livermore ay Massachusetts Bay, Mr. Gerry, ay Holten, ay ay Partridge, ay Rhode Island, Mr. Ellery ay div. Collins, no Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, ay New York, Mr. Floyd, no L'Hommedieu, no no New Jersey, Mr. Fell, no Houston, ay ay Clark, ay Pennsylvanina, Mr. Muhlenberg, no div. McLene, ay Delaware, Mr. McKean, no no Maryland, Mr. Plater,, no no. Forbes, no Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, no div. Burke, ay South Carolina, Mr. Mathews, no no 0150 142

So it passed in the negative.

After farther debate,

Admiralty Office Feby. 1780 .

The Board to whom was referred a motion of Congress relative to the adopting a proper mode for bringing their several agents to a speedy settlement of their accounts beg leave to report.

That whereas little regard has hitherto been paid to the repeated applications made by the Marine and Commercial Committees, and this Board to the Respective Agents for the aforesaid purposes. It is therefore resolved—

That M r William Denning and M r John Brown Secretary to the Admiralty be appointed Commissioners with full powers for settling the accounts of all continental agents within the United States as also of the Navy Commissioners, in the Eastern department receive the balances due thereon, lodge the money with the loan officers of the respective States taking their duplicate receipts for the same, and transmit one to the Treasury Board.

That the Commissioners be empowered to demand and receive from the several agents and Commissioners of the Navy aforesaid all such articles of public property as may be in their custody, remove the same to, and dispose thereof at, such places as may be deemed most advantageous to the public, remit the money arising from such sales to the Board of Treasury, subject nevertheless to such joint instructions as the Commissioners shall from time to time receive from Congress the Boards of War and Admiralty and commercial committee.

That the Commissioners pay be during their continuance on this service together with all reasonable expences.

That the Executive powers in the respective States be requested to give the Commissioners every necessary assistance and support in the execution of their Commission. 1

1 This report is in the Papers of the Continental Congress , No. 37, folio 189.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, FEBRUARY 9, 1780

A letter, of this day, from the Board of War, was read, respecting the appointment of Mr. S. Hodgdon, deputy commissary general of military stores: 2

2 This letter is in the Papers of the Continental Congress , No. 148, I, folio 59.

0151 143

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

A letter, of the 8, from W. Paca, was read, signifying his acceptance of the office of judge of the Court of Appeals. 1

1 This letter is in the Papers of the Continental Congress , No. 59, III, folio 23.

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

Ordered , That a warrant issue on the treasurer, in favour of Mr. [Thomas] Burke, one of the delegates for the State of North Carolina, on his application, for ten thousand dollars, for which the said State is to be accountable.

That a warrant issue on the treasurer, in favour of Mr. N[athaniel] Folsom, one of the delegates for the State of New Hampshire, on his application, for five thousand dollars, for which the said State is to be accountable.

That on the application of the Medical Committee, a warrant issue on the treasurer, in favour of Jonathan Potts, purveyor general in the middle district, for sixty thousand dollars, to defray the necessary expences of the department; and for which sum he is to be accountable. 2

2 This report is in the Papers of the Continental Congress , No. 136, IV, folio 79.

The committee for estimating supplies brought in a report, which was read:

The Committee appointed to consider of proper salaries for the purchasing Commissaries and for regulating the department of Com r . and Q r . Master Gen l , humbly submit the following resolutions which require more immediate dispatch, and pray leave to sit again.

Whereas, the difficulty of procuring supplies for the Army without the interposition of the Legislatures of the several States renders it absolutely necessary at present to call upon such of them as are in its vicinity for their aid, without which it will be impossible to keep the Troops in the field or to reduce the prices of the articles furnished to the publick to that equality which common justice to those who have hitherto procured them at the lowest rate requires.

0152 144

Resolved , That a committee be appointed to confer with the Legislatures.

Resolved , That the Legislature of the State of Virginia be requested to furnish to the army of the United States on or before the first day of April next twenty five thousand barrels of flour and , twenty thousand barrels of Indian Corn, and transport them to such places within the said State as the Com y Gen l shall direct.

Resolved , That a similar requisition be made from the State of Maryland, for five thousand barrels of flour in addition to the fifteen thousand barrels before required of them, and five thousand barrels Indian Corn.

Resolved , That a like quantity fifty thousand barrels of flour or wheat in proportion be requested from the state of Pennsylvania.

Resolved , That ten thousand barrels of flour or wheat in proportion heretofore requested from the State of Delaware, by the committee of Congress be furnished as soon as may be .

Resolved , That eight thousand barrels of flour be requested from the state of New Jersey part of which to be furnished as soon as possible to answer the immediate demands of the army.

Resolved , that eight thousand barrels of flour be requested from the State of Connecticut.

And whereas Congress have recommended to the several States in the union the regulation of all articles the growth of the country at twenty for one upon the price given in the year Postponed 1774, which regulation they confide will be faithfully executed, and whereas they are willing to afford the highest encouragement to such States as comply with the above Resolves, Therefore—

Resolved , That every State furnishing the articles above required shall have credit therefor on their quota of taxes at the rate of twenty per cent above the regulated prices and in like manner for all expences of transportation thereon

Resolved that if by any unforseen means the said regulation should not be carried into effect, the States furnishing the articles above required at the lowest prices shall have credit on their Postponed quota of taxes, for the average prices at which the same shall have been furnished by other States and the States demanding the highest price shall be charged with such excess beyond the average price.

0153 145

Resolved , That a Committee be appointed to confer with His Excellency the President and Supreme Executive Council of the State of Pennsylvania about convening the Legislature of this State as soon as possible in order to their carrying into execution the above resolves.

Resolved , That letters be written to the several States mentioned in the above resolutions requesting them immediately to proceed thereon.

Resolved , That a Committee be appointed to proceed to Mount Holly where the Legislature of the State of New Jersey Postponed . are now convened, to confer with them about the most speedy and effectual means of carrying the above resolutions so far as it affects that State into execution. 1

1 This report, in the writing of Robert R. Livingston, is in the Papers of the Continental Congress , No. 26, folio 125. It is endorsed by Thomson: “Part passed.” In this connection the following motion, in the writing of Thomas Burke and without date, is in the Papers of the Continental Congress , No. 26, folio 129.

That a generous [“reasonable” is also written in another hand] price be allowed and credited to the respective states for all such supplies as they shall hereafter furnish for the army, before the first day of February next, to be hereafter averaged and adjusted in such a manner as that equal justice be done to each of the United States.

The following, in the writing of Roger Sherman, is on folio 133:

Whereas, it is necessary that the several States called upon to furnish supplies for the army should be so credited therefor as that impartial equal justice may take place.

And whereas, some flour and other articles of provision are immediately wanted

Resolved , That all articles of provisions that shall be furnished for the use of the army before the first day of February next by any of the States, shall be credited towards their respective quotas of the monies ordered to be raised for the United States, at ten per cent. above the prices recommended by Congress to be limited by laws of the several States to take effect from that time. And all supplies that shall be furnished after said first day of February shall be credited to said Sates at the said limited prices.

And the accounts shall be finally compared and adjusted so as to do equity to all the States, with respect to the supplies they shall have furnished for the United States.

In the same hand on folio 135 is the following:

Resolved , That all the States shall be called upon for their quotas of such supplies for carrying on the war as they can best furnish, for which proportionate prices will be allowed.

And the accounts shall be finally compared and adjusted so as to do justice equity to all the states with respect to the supplies they shall have furnished for the United States.

0154 146

Ordered , That to morrow be assigned for the consideration thereof.

The Board of War brought in a farther report on the subject of recruiting the army;

Ordered , That the consideration thereof be postponed.

Congress resumed the consideration of the motion made on Saturday by Mr. [Oliver] Ellsworth, and the amendment moved thereto by Mr. [Thomas] Burke. And on the question, shall the words moved to be struck out stand? the yeas and nays being required by Mr. [James] Forbes,

New Hampshire, Mr. Peabody, no Folsom, ay ay Livermore, ay Massachusetts, Mr. Gerry, ay Holten, ay ay Partridge, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, ay New York, Mr. Livingston, ay Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, no Houston, no no Clark, no Pennsylvania, Mr. Searle, ay Muhlenberg, ay ay McLene, ay Shippen, ay Delaware, Mr. Van Dyke, ay ay Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, no Burke, no no Jones, no South Carolina, Mr. Mathews, no no

So it was resolved in the affirmative.

An amendment was moved by Mr. [Robert R.] Livingston, seconded by Mr. Holton , [William] Ellery, to add the words, 0155 147 “Which number shall be estimated by the particular circumstances of the State at the time such troops are levied.”

And on the question to agree to that amendment, the yeas and nays being required by Mr. [Elbridge] Gerry,

New Hampshire, Mr. Peabody, no Folsom, no no Livermore, no Massachusetts, Mr. Gerry, no Holten, no no Partridge, no Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Huntington, ay Sherman, no no Ellsworth, no New York, Mr. Livingston, ay Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, ay Houston, ay ay Clark, no Pennsylvania, Mr. Searle, no Muhlenberg, ay no McLene, no Delaware, Mr. Van Dyke, no no McKean, no Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, ay ay North Carolina, Mr. Burke, no no Jones, no South Carolina, Mr. Mathews, no no

So it passed in the negative.

When the question was about to be put on the main question, the previous question was moved by Mr. [Thomas] McKean, seconded by Mr. [Thomas] Burke; on which the yeas and nays being required by Mr. [Elbridge] Gerry,

New Hampshire, Mr. Peabody, no Folsom, no no Livermore, no Massachusetts, Mr. Gerry, no Holten, no no Partridge, no 0156 148 Rhode Island, Mr. Ellery, no no Collins, no Connecticut, Mr. Huntington, no Sherman, no no Ellsworth, no New York, Mr. Livingston, ay Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, ay div. Clark, no Pennsylvania, Mr. Searle, no Muhlenberg, no no McLene, no Delaware, Mr. Van Dyke, ay ay McKean, ay Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, ay ay

So it passed in the negative,

On the question, to agree to the main question; the yeas and nays being required by Mr. [Elbridge] Gerry,

New Hampshire, Mr. Peabody, ay Folsom, ay ay Livermore, ay Massachusetts Bay, Mr. Gerry, ay Holten, ay ay Partridge, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, ay New York, Mr. Livingston, no Floyd, no no L'Hommedieu, no New Jersey, Mr. Fell, no Houston, ay ay Clark, ay Pennsylvania, Mr. Searle, ay Muhlenberg, ay ay McLene, ay Delaware, Mr. Van Dyke, no no McKean, no 0157 149 Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, no Burke, no no Jones, no South Carolina, Mr. Mathews, no no

So it was

Resolved , That the reasonable expence any State hath incurred, or may incur, by raising and having in the continental army more than what shall hereafter appear to have been their just proportion of the troops actually serving in the said army from time to time, shall be allowed to such states, and equitably adjusted in a final settlement of their accounts with the United States.

The order of the day was called for, to take a vote upon the report of the Board of War, which was debated by paragraphs. And on the question to agree to the whole, as amended, the yeas and nays being required by Mr. [Elbridge] Gerry,

New Hampshire, Mr. Peabody, no Folsom, ay ay Livermore, ay Massachusetts, Mr. Gerry, no Holten, ay ay Partridge, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, ay New York, Mr. Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, ay Houston, no ay Clark, ay Pennsylvania, Mr. Searle, ay Muhlenberg, ay ay McLene, ay Delaware, Mr. Van Dyke, ay ay McKean, ay 0158 150 Maryland, Mr. Plater, ay ay Forbes, ay North Carolina, Mr. Penn, no Burke, ay ay Jones, ay South Carolina, Mr. Mathews, ay ay

So it was

Resolved , 1 That for the ensuing campaign the states be respectively required to furnish, by draughts or otherwise, on or before the first day of April next, their respective deficiencies of the number of 35,211 men, exclusive of commissioned officers, which Congress deem necessary for the service of the present year:

1 The entries for the balance of this day are in the hand of George Bond.

That the quotas of the several states be as follows:

New Hampshire, 1215

Massachusetts Bay, 6070

Rhode Island, 810

Connecticut, 3238

New York, 1620

New Jersey, 1620

Pennsylvania, 4855

Delaware, 405

Maryland, 3238

Virginia, 6070

North Carolina, 3640

South Carolina, 2430

[exclusive of blacks.

That all the men whose times of service do not expire before the last date of September next, be counted towards the quotas of the states to which they respectively belong, whether they compose the battalions in the line of the several states, those of the additional corps, including the guards, the artillery and horse. or the regimented artificers in the departments of the quarter master general and commissary general of military stores, who being credited to the states respectively, should be provided for, deemed and treated in the same manner with the men in the several state lines; and it is recommended to the several states to make like provision 0159 151 for the officers and men of the artillery, horse, additional corps, including the guards and regimented artificers, as may be made in pursuance of any resolution of Congress, for the officers and men of their respective battalions; with such exceptions, respecting the regimented artificers, as have been made by Congress in their acts concerning them:

That the Commander in Chief be directed forthwith to transmit to the several states accurate returns of the troops now in service, belonging or credited to their respective quotas; to the intent that immediate measures be taken by the governments of the states, to bring the men to be raised into the field, with certainty and expedition.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, FEBRUARY 10, 1780

A letter, of 5, from General Washington, enclosing one, of the same date from Colonel Armand;

Also a letter, of 9, from Colonel Armand, were read; Whereupon, 1

1 Washington's letter is in the Papers of the Continental Congress , No. 152, VIII, folio 393; Armand's on folio 397; Armand's of the 9th is in No. 164, folio 404.

Resolved , That Congress entertain a high sense of the merit and services of Colonel Armand, and that his application for leave of absence for six months after the end of the next campaign be complied with.

A motion was made by Mr. [Thomas] Burke, seconded by Mr. [Nathaniel] Peabody, which being amended to read,

“That an account be made of all the militia that have been or shall be furnished by the respective states for the common defence, under the immediate requisitions of Congress, of the Commander in Chief, or of any general officer commanding in a separate department, or which Congress shall judge to have been requisite for the defence of the United States, or any of them; in which account, the time of service shall be 0160 152 particularly stated, and the reasonable expence of raising, equipping and maintaining the said militia shall be averaged and divided among the United States, in like manner as the other expences of the war.”

On the question to agree to this, the yeas and nays being required by Mr. [James] Forbes,

New Hampshire Mr. Folsom ay ay Livermore ay Massachusetts Bay, Mr Gerry, ay Lovell, ay ay Holten, ay Partridge, ay Rhode Island, Mr. Ellery, no no Connecticut, Mr. Huntington, no Sherman, ay ay Ellsworth ay New York, Mr. Livingston, no Floyd, no no L'Hommedieu, no New Jersey Mr. Fell, no Houston, ay ay Clark, ay Pennsylavania, Mr. Searle, ay Muhlenberg, ay ay McLene ay Delaware, Mr. Van Dyke, no no Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, ay Burke, ay ay Jones ay South Carolina, Mr. Mathews, no no

So the states were equally divided and the question lost.

The committee, to whom was referred on the 7th December last, a letter from Captain William Burke, of the ship Henry , lately stranded on the coast of New Jersey, to take order, report “that in consequence of their appointment, they empowered persons to save the property of the United States 0161 153 from on board the said ship, and to transport the same to this city, where it is now stored.” Whereupon,

Ordered , That the said committee cause the goods to be delivered to the order of the Board of Admiralty, and that the said Board have the same sold, excepting ten pipes wine reserved for public use, and the proceeds paid into the treasury; and that they settle with the owners respecting the freight.

According to order, Congress proceeded to the consideration of the proceedings of the court martial on the trial of Major General Arnold, and some time being spent in reading the same,

Adjourned to 10 o'Clock to Morrow.

FRIDAY, FEBRUARY 11, 1780

A letter, of 9, from the Board of War, was read, informing that they had appointed Samuel Hodgdon, the principal field commissary of military stores, to be deputy commissary general of military stores, and proposing that his pay should be twelve hundred and fifty dollars per month; Whereupon,

Resolved , That the pay of Samuel Hodgdon, deputy commissary general of military stores, be twelve hundred and fifty dollars per month, until the further order of Congress. 1

1 This letter is in the Papers of the Continental Congress , No. 147, IV, folio 129.

The Board of War, to whom was referred the letter from General Washington, on the subject of the extra allowances to be made to Colonel Bland while on command at the post at Charlotteville, brought in a report; Whereupon,

At a Board of War , Feb: 9. 1780

Present Col. Pickering M r . Peters Col Grayson

The Board having taken into consideration the letter from Gen l Washington on the subject of the extra allowances to be made to Col Bland while on command at the Post at Charlotteville and beg leave to refer to a former report relative thereto, which has not to 0162 154 their knowledge been passed upon by Congress, and which will comprehend the case of the present Commanding Officer. Copy whereof they have the honor to transmit, and thereunto would beg leave to subjoin, as it is necessary that a retrospect should be had to the supplies received by Col. Bland.

Resolved , That the executive power of the State of Virginia be authorised to examine the accounts of the deputy commissary general of purchases and issues, against Colonel Bland, for articles supplied for his use while in command at the post of Charlotteville, and to make such allowances in his favour as they shall deem just and proper; and that Colonel Bland be discharged from payment of the monies charged against him for all articles which, in the opinion of the said executive, he should have been allowed, from the peculiar situation of his command. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 125.

A motion being made to empower Major General Lincoln to draw for money on the governor of South Carolina,

Ordered , That it be referred to the Board of Treasury, to report a proper resolution

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

Ordered , That a warrant issue on the treasurer, in favour of Francis Hopkinson, treasurer of loans, for one thousand nine hundred and forty eight dollars and thirty ninetieths of a dollar, in full of his charge for office rent and fire wood for the commissioners appointed to destroy the emissions of May 20th, 1777, and April 11, 1778, from the first day of May, 1779, to the first day of February, 1780.

That a warrant issue on the treasurer, in favour of Mr. S[amuel] Holten, one of the delegates for the State of Massachusetts Bay, on his application, for five thousand dollars; for which the said State is to be accountable.

0163 155

That a warrant issue on the treasurer, in favour of the delegates for the State of Massachusetts Bay, for eight hundred dollars, for the use of that State, which is to be accountable.

That a warrant issue on the treasurer, in favour of Jonathan Burrall, on account of William Palfrey, paymaster general, for five hundred thousand dollars, to be by him transmitted to John Pierce, deputy paymaster general to the main army, for the use of the department; and for which the said deputy paymaster general is to be accountable.

The Board having considered the Letter from the Board of War of the 3 d instant referred to them by Congress requiring an immediate supply of two million six hundred and forty eight thousand dollars in favor of the Pay Master to the Board of War and Ordnance for the purposes of making purchases to supply the deficiencies of cloathing in the Continental Army think it necessary to report to Congress the state of the Treasury that the Board may receive such instructions as Congress may judge proper.

This Board have now before them the return of Michael Hillegas Esq r . Treasurer up to the 5 th . of the present month by which it appears there was then in the Treasury two million three hundred thousand dollars, which sum has been greatly diminished by warrants on the Treasury since that date. So that there is not at this time in the Treasury more than One million two hundred thousand dollars. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 81.

The committee, to whom were referred the letters from the governor and speaker of the house of assembly of the State of Georgia, and the resolves of the said assembly, brought in a report; Whereupon,

Resolved , That Congress highly applaud the unremitted exertions of the State of Georgia, and the zeal and firmness expressed through the governor and speaker of the house of representatives manifested by them under all their difficulties; and that the State of Georgia may be assured no 0164 156 endeavours will be wanting on the part of Congress to promote her interests. 1

1 An indorsement on the report says: “Query: is not the Preamble too florid for such a body as Congress?” and the following is added in another hand: “That Congress contemplates the spirited exertions of the State of Georgia with great satisfaction, and that they may be assured, &c., following the report.”

Resolved , That the quota of continental troops of the State of Georgia be, the ensuing campaign, one battalion of infantry and one regiment of horse.

Resolved , That Congress approve the plan adopted by the State of Georgia for reducing the four regiments of that State into one, for officering the same, and also the regiment of cavalry.

Resolved , That such officers as cannot be employed in the line of that State be deemed supernumeraries, and entitled to every privilege with officers in like situation.

Resolved , That the President inform the governor of the State of Georgia that a general exchange of prisoners is now negotiating, and due regard will undoubtedly be paid to Colonel Elbert.

Resolved , That notwithstanding the high sense Congress entertain of the merit of Colonel Elbert, Congress cannot at present promote him to the rank of a brigadier general in the continental army, as such promotion would be productive of great confusion and discontent in the line of the army.

Resolved , that Genl Lincoln be directed to employ Gen l McIntosh in the State of South Carolina, or elsewhere out of the State of Georgia.

Resolved that a warrant issue on the Treasury in favour of the Governor and executive council of the State of Georgia for 1,000,000 dollars for which the said State is to be accountable.

Ordered , That the resolution respecting the exchange of Colonel Elbert, be transmitted to General Washington. 2

2 This report, in the writing of John Mathews, is in the Papers of the Continental Congress , No. 20, II, folio 441.

0165 157

Ordered , That so much of the report as relates to an advance of money to the State of Georgia, and the application of Captain Nash, for an advance of six thousand dollars, be referred to the Board of Treasury. 1

1 A copy of the resolve authorizing the advance of a million dollars to Georgia, is in the Papers of the Continental Congress , No. 136, IV, folio 89. It is endorsed: “Referred to Board of Treasury. Passed Feby. 12, 1780.”

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

At a Board of War Feby 9, 1780

Present Col o Pickering, M r Peters, Col o Grayson

The Board beg leave to lay before Congress the inclosed petition of Christian Mancke with Colonel Armand's certificate concerning him. He was a Lieu t and Adjutant in Ottendorfs corps, afterwards commanded by Col o Armand, and appeared to be a diligent and attentive officer. That Corps being reduced to a very small number, and having a surplus of officers, M(r) Mancke quitted it, and accepted a Lieutenantcy in Van Heers corps of Marechausseurs (or the provost) and served the last campaign, but being by the expenses unavoidable to an officer, and the smallness of his pay, reduced as he says, to poverty after spending considerable sums of his own money, he was compelled to resign, being unable to subsist in the service. He now requests only the moderate sum of one thousand dollars to purchase a little clothing and enable him to get to S t Eustatia where he may find the means of returning to his own country. The Board having considered his case, beg leave to report

Ordered , That one thousand dollars be granted to Christian Mancke, late lieutenant in the army of the United States, in which he served three campaigns, towards defraying the expences of his voyage home to Europe. 2

2 This report is in the Papers of the Continental Congress , No. 147, IV, folio 115.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, FEBRUARY 12, 1780

A letter, of 8th, from General Washington, was read. 3

3 This letter is in the Papers of the Continental Congress , No. 152, VIII, folio 401.

A letter from General Lee was read, in the words following,

0166 158

Berkeley County , January the 30, 1780 .

Sir ,

I have this day received your letter with my dismission from the service of the United States, nor can I complain of it as an act of injustice. The greatest respect is indisputably due to every public body of men and above all, to those who are the representatives, and at the same time, the legislature of a free people, and I ingenuously confess that the note which I dictated was so far from being dressed in terms properly respectful, that they were highly improper, disrespectful and even contumacious. But altho I do not mean to justify the measure, I flatter myself that I shall be able to extenuate the offensiveness, by relating the circumstances which gave birth to it. I, unfortunately, Sir, received letters from two friends, whose zeal for my service seems to have been greater than their intelligence was authentic, informing me that the same men, who by art and management had brought about in a thin house, the confirmation of the absurd and iniquitous sentence of the court martial, were determined to pursue the matter still further, and on the pretence of oeconomy to make a motion for the final removal of me from the army as an encumbrance. It happened that at the very moment these letters came to my hands, I was very much indisposed, so much as not to be able to write myself, and at the same time, my horses were at the door to carry me down the country, where business called me. The bodily pain I was in, joined to the misinformation I received, ruffled my temper beyond all bounds, and the necessity of setting out immediately prevented me giving myself time to consider of the propriety, or impropriety, of what I was about. And thus, these two circumstances concurring gave birth to the note which I dictated, which no man can more sincerely reprobate than I do myself, and for which I most sincerely beg pardon of the Congress. But, Sir, I must entreat that in thus acknowledging the impropriety and indecorum of my conduct in this affair, it may not be supposed that I mean to court a restoration to the rank I held. So far from it, that I do assure 'em, had not this incident fallen out, I should have requested Congress to have accepted of my resignation, as from obvious reasons, whilst the army is continued in its present circumstances, I could not have served with safety and dignity. My present acknowledgments therefore of the impropriety and indecorum of the measure, I suffered myself to be hurried into, and my submission without a complaint, to the 0167 159 consequent decision of Congress, will, I hope, be attributed to the real motive, the conviction of having really done wrong. I shall now, Sir, conclude with sincerely wishing that Congress may find many servants ready to make as great sacrifices, as I have made, and possessed with the same degree of zeal for their service, as has from the beginning governed all my actions, but with the good fortune never by one act of imprudence to incur their displeasure, and I can without arrogance assert on self examination, that this is the only step, in the whole line of my conduct, which could justly furnish matter of offence to that honourable body. I am, Sir, with the greatest respect

Yr most obedient humble servt

Charles Lee .

His Excellency, the President of Congress. 1

1 This letter is in the Papers of the Continental Congress , No. 158, folio 147.

A report of the Board of War was read, respecting Major Lee's corps:

At a Board of War Feb: 12. 1780

Present Col. Pickering, M r Peters Col Grayson

The Baron Steuben having certified to the Board that in his judgement an augmentation of the Infantry of Major Lee's Corps will enable the major to operate in the line of duty prescribed to him with more safety and effect; and that as the Corps is already formed on the legionary plan, it is essential to its perfection, that the number of infantry be at least equal to that of the cavalry; a system on which it would in the opinion of the Board be proper to form all the cavalry in the service of the United States, and it being alledged that men can be easily procured to serve in the Corps, and which being a Corps out of the line will not affect the arrangement thereof Agreed

That recruiting money be furnished Major Lee to enable him to enlist seventy privates to serve as dismounted dragoons in addition to those now in the Corps, the whole to be formed into three troops. 2

2 This report is in the Papers of the Continental Congress , No. 147, IV, folio 141.

Ordered , That it be referred to the Commander in Chief.

The Board of Treasury, to whom was referred a motion, relative to the supply of money to the southern department, brought in a report; Whereupon,

0168 160

That though the highest confidence is deservedly placed in the Officer now Commanding in Chief in that Department, and there is not the least objection on account of risque, to vest him with the power proposed, yet as a precedent will thereby be established which may operate disadvantageously hereafter, and it is altogether uncertain how long any particular Officer may command there, and moreover being doubtful whether subjecting the Governor to the Drafts of any such Officer would be well received they are of opinion it would be preferable to take proper conveyances as they occur and draw orders on the Governor in the usual way—They therefore propose it be resolved

That on the application of Jonathan Burrall Assis t to Col o Palfrey Pay Mast r Gen l a warrant issue in his favor on his Excellency John Rutledge Esq r Governor of the State of South Carolina for one million of dollars being part of the monies raised in the said State for the use of the United States to be transmitted to Joseph Clay Esq r D y Pay Master Gen l in the Southern Department for the supply of the military chest there and for which the said D y Pay Master Gen l is to be accountable.

Resolved , That the commanding officer in the southern department be authorised to draw on the Governor of the State of South Carolina. 1

1 The next paragraph is in the hand of George Bond.

Resolved , That the governor and privy council of the State of South Carolina be requested to advance, from time to time, to the military chest, such sums of money, being part of the taxes raised in the said State, for the use of the United States, as they, on consulting the commanding officer in the southern department, may find necessary for the public service there, advising the Board of Treasury thereof: and that, on receipt of the documents shewing such payments respectively, the said Board credit the State with the same, from the dates when they were severally made, according to the resolution of Congress of 6th October last.

The Board of Treasury, to whom was referred the extract from the report of the committee, relative to an advance of 0169 161 money to the State of Georgia, brought in a report; Whereupon,

Ordered , That on the application of the governor and executive council of the State of Georgia, a warrant issue in their favour, on George Webb, treasurer, of the State of Virginia, for three hundred thousand dollars, being part of the monies raised in the said State, for the use of the United States, and that the Board of War take proper measures for the safe conveyance thereof to the Governor and council of the said State.

That a warrant issue on the treasurer, in favour of John Foster, on account of Captain Clement Nash, charged with dispatches to Congress from the executive of the State of Georgia, for six thousand dollars, for which the said State is to be accountable, and that the said executive be furnished with a copy of this order.

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

Ordered , That a warrant issue on the treasurer, in favour of Mr. W[illiam] Floyd, one of the delegates for the State of New York, on his application, for six thousand dollars, for which the said State is to be accountable. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folios 85–87.

Congress resumed the consideration of the proceedings of the court martial on the trial of Major General Arnold, and the same being gone through;

A motion was made by Mr. [James] Forbes, seconded by Mr. [Allen] Jones, that the sentence of the court be confirmed, on which the yeas and nays were required by Mr. [James] McLene, 2

2 At this point Thomson began to enter the proceedings of the court martial, but, after filling twenty-four pages of the Journal, he stopped, and drew his pen through them. As only a small part of the proceedings were thus copied, I have not included it in this edition.

0170 162 New Hampshire, Mr. Peabody, ay Folsom, ay ay 1 Livermore, ay Massachusetts Bay, Mr. Holten, ay ay Partridge, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, ay New York, Mr. Livingston, no Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, ay Houston, ay ay Clark, ay Pennsylvania, Mr. Muhlenberg, ay ay McLene, ay Delaware, Mr. McKean, ay ay Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, no ay Jones, ay South Carolina, Mr. Mathews, no no

1 At this point the entries were made by Thomas Edison.

So it passed in the affirmative.

At a Board of War Feby 12th 1780

Present Col o Pickering, Mr Peters, Col. o Grayson

The Board having considered the petition of Mr Wheelock, President of Dartmouth College, relative to the maintenance of some Indian Youths from the Tribes in Canada, with the other papers referred therewith, and inquired into the condition and population of the new settlements on Connecticut river, near the centre of which settlements Dartmouth College is situated; They beg leave to observe That in these settlements there are about 2,500 families in an extent of about 140 miles, one fifth part of which are within a tract from about 100 to 140 miles only distant from Montreal.

That the passage from Canada to these settlements would be extremely easy to the Savages—that the safety of these settlements from the inroads of the Indians depends only on their friendship— 0171 163 that before the war the youths abovementioned were placed at Dartmouth College for instruction—that hitherto the tribes from whence they came have discovered a uniform friendship to the United States—that the interest of the latter as well as the security of the considerable settlements above mentioned, do in the opinion of the Board require that the friendship of those tribes be still cultivated and preserved—that the support and education of these youths who are of the principal families of those tribes will have the best tendency to this end (and the same policy extended towards other tribes would doubtless produce effects equally beneficial), that the funds of that College destined for the support and instruction of Indian Youths being raised and fixed in Great Britain M r Wheelock is deprived of almost the only means of maintaining them—that he and his Father have incurred a great expence on account of the youths educated at the College and can not longer support those now there without some aid. The Board therefore beg leave to report

That a Warrant issue on the Treasurer in favor of Bezaleel Woodward Esq r one of the Trustees of Dartmouth College for 5000 Dollars towards the expences of supporting and instructing several Indian Youths of the Caghnawaga and other northern tribes at said College; the said sum to be by him delivered to and disposed of for the purposes aforesaid, by the Trustees of said College. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 135.

War Office Feb: 12. 1780

Present Col Pickering, M r . Peters, Col Grayson

The Board having considered that part of Gen. l Lincoln's letter of 22 d Dec r . last, respecting the supplies to the forces of Count d'Estaing, beg leave to report

That the Deputy Quarter Master General and principal purchasing Commissary in the Southern army, ascertain in the best manner circumstances will admit, the quantities of forage and provisions supplied by the inhabitants to the forces of his most Christian Majesty while the armies lay before Savannah last September and October and pay for the same what they were reasonably worth—Keeping exact and separate accounts of the sums so paid, and transmitting the same to the Treasury Board as soon as may be 2

2 This report is in the Papers of the Continental Congress , No. 147, IV, folio 145.

Adjourned till 10 o'Clock on Monday.

MONDAY, FEBRUARY 14, 1780

On motion of Mr. [Thomas] McKean, seconded by Mr. [James] Searle,

Resolved , That the order of Saturday last, for referring the report of the Board of War respecting Major Lee's corps, to the Commander in Chief, be reconsidered.

Congress then resumed the consideration of the report; and thereupon,

Resolved , That recruiting money be furnished Major Lee, to enable him to inlist seventy privates, to serve as dismounted dragoons in addition to those now in the corps; the whole to be formed into three troops.

A memorial from George Kennedy was read: 1

1 This memorial, dated February 11, 1780, is in the Papers of the Continental Congress , No. 41, V, folio 25.

Ordered , That the same be referred to the Board of Treasury.

A letter, of December 25th, 1779, from W. Bingham, addressed to the Marine Committee was read:

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

Resolved , That a committee of three be appointed to consider of, and report further means of supplying the treasury for the current year.

The members chosen, Mr. [Oliver] Ellsworth, Mr. [Robert R.] Livingston, and Mr. [Thomas] Burke.

A letter, of this day, from George Hoffner, adjutant in Colonel Proctor's regiment of artillery, was read, requesting leave to resign his commission; Whereupon, 2

2 This letter is in the Papers of the Continental Congress , No. 78, XII, folio 1.

Resolved , That the resignation of Adjutant George Hoffner be accepted.

A petition from Richard Downing Jennings, of the island of St. Eustatia, for himself and others, was read: 3

3 This petition, undated, is in the Papers of the Continental Congress , No. 42, IV, folio 29.

0173 165

Ordered , to lie on the table.

A motion being made by Mr. [Thomas] McKean, seconded by Mr. [Thomas] Burke, in the words following,

“ Resolved , That it be recommended to the legislatures of the several States to revise their laws making the continental bills of credit a tender in payment of debts and contracts, and frame them so as to prevent injustice to creditors or debtors.”

It was moved by Mr. [William] Ellery, seconded by Mr. [Thomas] McKean, to refer the above motion to a committee of three:

On which, the yeas and nays were required by Mr. [Elbridge] Gerry,

New Hampshire, Mr. Peabody, ay ay Folsom, ay Massachusetts Bay, Mr. Gerry, ay Lovell, ay ay Holton, ay Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Huntington, ay Sherman, no ay Ellsworth, ay New York, Mr. Livingston, no Floyd, ay ay L'Hommedieu, ay new Jersey, Mr. Fell, no Houston, ay ay Clark, ay Pennsylvania, Mr. Searle, ay McLene, ay ay Shippen, no Delaware, Mr. McKean, no no Maryland, Mr. Plater no no Forbes, no Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, no Burke, no no Jones, ay South Carolina, Mr. Mathews, ay ay

So it passed in the affirmative.

The members chosen, Mr. [William Churchill] Houston, Mr. [Robert R.] Livingston, and Mr. [Elbridge] Gerry.

0174 166

A letter, of this day, from Lawrence Allman, captain lieutenant in Colonel Proctor's regiment of artillery, was read, requesting leave to resign his commission. 1

1 This letter is in the Papers of the Continental Congress , No. 78, I, folio 349.

Resolved , That his resignation be accepted.

The committee to whom was referred the accounts of Major General Arnold, brought in a report.

The Committee to whom was referred the acc ts of Major Gen. l Arnold, having attended that business as far as they could consistent with their other public engagements, find it impracticable, for a committee of Congress to adjust the said accounts with that accuracy and attention which the nature of them demand, and at the same time discharge their duty in other respects, and as aboard of Treasury, with proper officers has lately been established and the business of liquidating accounts is now carried on in a regular manner: Whereupon, your Committee beg leave to report that the said accounts with the papers accompanying the same be referred to the Board of Treasury to be there adjusted agreeable to the institution thereof. 2

2 This report, in the writing of Nathaniel Peabody, is in the Papers of the Continental Congress , No. 19, I, folio 175.

Treasury Office , Feby 14. 1780

The Board of Treasury beg leave to report

That a warrant issue on Tho s . Smith Esq r . Commiss r of the Continental Loan Office for the State of Pennsylvania for Thirty six thousand nine hundred dollars in Loan Office Certificates Negatived . in favor of Jonathan Potts Purveyor General of the Hospitals, or order, for which sum the said Purveyor General is to be accountable

That on the application of Chaloner & White Agents for Jeremiah Wadsworth Esq r late Commissary General of Purchases a warrant issue in their favor on Sam l . Patterson Esq r . Treasurer Negatived . of the State of Delaware for One hundred and fifty thousand dollars (being part of the monies raised in the said State for the use of the United States,) for which the said Jeremiah Wadsworth is to be accountable. 3

3 This report is in the Papers of the Continental Congress , No. 136, IV, folio 91.

Adjourned to 10 o'Clock to Morrow.

TUESDAY, FEBRUARY 15, 1780

On motion of Mr. [William] Ellery, seconded by Mr. [John] Penn,

Resolved , That fifty copies of the trial of Major General Arnold be printed at public expence.

A letter from Major General Lincoln, of January 8th, 1780, addressed to the committee for corresponding with the commanding officer in the southern department, was read.

A petition from sundry officers in the hospital department was read. 1

1 This petition, dated February 14, 1780, is in the Papers of the Continental Congress , No. 42, VI, folio 35.

A letter, of 26th January, from Colonel Bland, was read. A letter, of January 13th, from the President of the Council of Massachusetts Bay, with sundry papers enclosed, was read: 2

2 This letter is in the Papers of the Continental Congress , No. 65, I, folio 420.

Ordered , That it be referred to a committee of five.

The members chosen, Mr. [Roger] Sherman, Mr. [Abraham] Clark, Mr. [Thomas] Burke, Mr. [Robert R.] Livingston and Mr. [William] Ellery.

A memorial from the clerks of the Treasury, Board of War, and Secretary's office, was read: 3

3 This memorial, dated February 14, 1780, is in the Papers of the Continental Congress , No. 41, II, folio 94.

Ordered , That the same be referred to the Board of Treasury.

A report of the Board of War on the letter from sundry officers in the hospital department, relative to cloathing, was read.

War Office , Feb 14. 1780

Sir ,

The Board have considered the letter from sundry Officers in the Hospital department respecting clothing referred to them by Congress, and have in consequence thereof, inquired into the quantity of clothing 0176 168 belonging to the State Store of Pennsylvania, which they find trifling in comparison with the wants of the Staff; and a great part of it, consists of remnants unfit for Officers—

The Board will endeavor to comply with the desires of the Gentlemen of the staff in general, and will undertake to furnish any particular department which Congress may think proper to discriminate from the rest—provided they are supplied with the means for that purpose. The sum necessary for clothing the whole staff, will be about Six millions of dollars according to a rough calculation they have made. Besides these there are many officers in the Extra Corps not supplied by any particular State, who stand in equal need of clothing. A provision for them will greatly augment the sum. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 149.

Congress took into consideration the report of the committee on General Arnold's accounts; Whereupon,

Resolved , That the said committee on their request, be discharged, and that the said accounts be referred to the Board of Treasury.

Ordered , That to morrow, immediately after reading the Journal, the report of the committee for estimating supplies be taken into consideration.

A motion was made by Mr. [John] Mathews, seconded by Mr. [Allen] Jones, relative to appointing a resident, instead of a secretary to the Minister Plenipotentiary at the Court of Versailles, &c. 2

2 This motion, in the writing of John Matthews, is in the Papers of the Continental Congress , No. 36, I, folio 55.

Ordered , That Saturday next be assigned for the consideration thereof.

Two letters from the council of Massachusetts Bay, dated July 31st, and September 3d, 1778, with sundry papers enclosed, were laid before Congress:

Ordered , They be referred to the Board of Treasury.

A motion was made by Mr. [Thomas] Burke, seconded by Mr. [John] Penn, in the words following,

0177 169

“ Resolved , That a copy of the letters from the State of Georgia, as far as they relate to General McIntosh, be transmitted to that officer, and that he be informed Congress deem it inexpedient to employ him at present in the southern army, and therefore his services in that department be dispensed with, until the further order of Congress.”

Upon which, it was moved by Mr. [Nathaniel] Peabody, seconded by Mr. [John] Mathews, to strike out the words, “until the further order of Congress”, and in lieu thereof, to insert “and that he be directed to repair to head quarters.”

On the question, shall the words moved to be struck out, stand,

The yeas and nays were required by Mr. [John] Mathews,

New Hampshire, Mr. Peabody, no div. Folsom, ay Massachusetts Bay, Mr. Gerry, ay Lovell, ay ay Holten, ay Partridge, ay Rhode Island, Mr. Ellery, ay div. Collins, no Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, no New York, Mr. Floyd, ay div. L'Hommedieu, no New Jersey, Mr. Fell, ay ay Clark, ay Pennsylvania, Mr. McLene, ay ay Muhlenberg, ay Maryland, Mr. Plater, no div. Forbes, at Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, no no

So it passed in the affirmative.

On the question to agree to the motion,

The yeas and nays were required by Mr. [Elbridge] Gerry,

0178 170 New Hampshire, Mr. Peabody, no div. Folsom, ay Massachusetts Bay, Mr. Gerry, ay Holten, ay ay Partridge, ay Rhode Island, Mr. Ellery, ay div. Collins, no Connecticut, Mr. Huntington, no Sherman, ay no Ellsworth, no New York, Mr. Floyd, no no L'Hommedieu, no New Jersey, Mr. Fell, ay ay Clark, ay Pennsylvania, Mr. McLene, ay ay Muhlenberg, ay Maryland, Mr. Plater, no div. Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, no no

So it was,

Resolved , That a copy of the letters from the State of Georgia, as far as they relate to General Mcintosh, be transmitted to that officer, and that he be informed Congress deem it inexpedient to employ him at present in the southern army, and therefore, that his services in that department be dispensed with, until the further order of Congress.

Adjourned to 10 o'Clock to Morrow.

WEDNESDAY, FEBRUARY 16, 1780

On motion of Mr. [John] Mathews, seconded by Mr. [Roger] Sherman,

Resolved , That Mr. Jacob Hiltzheimer be authorised and directed to purchase such forage as he shall from time to time find necessary for the use of the horses under his direction.

A memorial from Captain Ebenezer Green was read:

0179 171

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

Agreeable to the order of the day, Congress proceeded to the consideration of the report of the committee for estimating supplies, and 1 some progress being made thereon,

1 The entries are in the hand of George Bond from this point.

Ordered , That to morrow immediately after reading the Journal, Congress proceed to the farther consideration of the said report.

Adjourned to 10 o'Clock to Morrow.

THURSDAY, FEBRUARY 17, 1780

A letter from Mr. Jay, dated St. Pierre, Martinico, December 22d; also one from Captain Seth Harding, of the Confederacy , of December 30th, 1779, were read. 2

2 Harding's letter is in the Papers of the Continental Congress , No. 78, XI, folio 487; Jay's letter is printed in the Diplomatic Correspondence of the American Revolution (Wharton) III, 435.

The committee, to whom was referred the motion respecting the payment of the principal and interest of loan office certificates, delivered in a report.

Agreeable to the order of the day, Congress proceeded to the farther consideration of the report of the committee for estimating supplies, and in debating the following paragraph, viz;

“Merchantable flour per hundred weight gross viz. 112 lb four and an half dollars,” a motion was made by Mr. [Elbridge] Gerry, seconded by Mr. [William] Ellery, to strike out the words, “four and an half dollars,” and in lieu thereof, insert “four dollars and one fifth.”

On the question, shall the words moved to be struck out, stand,

The yeas and nays were required by Mr. [Elbridge] Gerry,

0180 172 New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Gerry, no Holten, no no Partridge, no Rhode Island, Mr. Ellery, no no Collins, no Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, ay New York, Mr. Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Fell, ay ay Clark ay Pennsylvania, Mr. Searle, ay Muhlenberg, ay ay McLene, ay Delaware, Mr. McKean, ay ay Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, ay ay

So it passed in the affirmative.

“Beef best grass fed, which shall be delivered between the first of July and first of December, five and an half dollars net hundred wt.”

It was moved by Mr. [Elbridge] Gerry, seconded by Mr. [Nathaniel] Peabody, to strike out “five and an half dollars,” and in lieu thereof, to insert “6¼.”

On the question, shall the words moved to be struck out, stand,

The yeas and nays were required by Mr. [Elbridge] Gerry.

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Gerry, Lovell, no no Holten, no Partridge, no Rhode Island, Mr. Ellery, no no Collins, no Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth, ay 0181 173 New York, Mr. Floyd, ay ay L'Hommedieu, ay New Jersey, Mr. Clark, ay ay Pennsylvania, Mr. Searle, ay Muhlenberg, ay ay McLene, ay Shippen, ay Delaware, Mr. McKean, ay ay Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, ay ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, ay ay

So it passed in the affirmative.

Treasury Office Feby 17, 1780

Many persons having demands on the Officers in the Staff Departments of the Army who intend on the receipt of the monies due to invest them in the Funds:

The Board of Treasury are of opinion that it will answer a beneficial purpose to authorize the Commissioners of the several Continental Loan Offices to issue Certificates for ascertained debts in the names of the persons to whom the debts are payable upon application of the Principals of the Departments of the Quarter Master and Commissary General, the balances being authentically certified to them; and that the Certificates bear date as of the time the several debts became due, provided none be dated earlier than the first of January 1780.

The Board request the sense of Congress on this matter. 1

1 This report is in the Papers of the Continental Congress , No. 136, IV, folio 97. It was disapproved in Congress on this day, as the endorsement shows.

At a Board of War Feb: 14. 1780

Present Col Pickering M r . Peters, Col Grayson

The Board having considered the letter of L t . Col White referred to them by Congress beg leave to report, That by resolution of the 4 th . of Feb y . last it was directed, “That the Commander in Chief be directed to proceed in such manner as he shall judge expedient to complete the arrangement of the army and to settle the relative rank of Officers under the degree of Brigadier, agreeably to the principles established by an act of Congress of the 24 th day of November 0182 174 1778, and that the Board of War furnish him with copies of the proceedings of the late Committee of arrangement.”

By this resolution it appears that the Commander in Chief was vested with full powers to settle and determine all matters not before adjusted with respect to the arrangement of the army, comprehending under this description as well the artillery and horse as the infantry. With respect to the latter it was expressly established as a rule “that no more Colonels be appointed in the infantry, but where any such commission is, or shall become vacant, the Battalion shall be commanded by a Lieut: Col. o who shall be allowed the same pay as is now granted to a Col. o of infantry, and shall rise in promotion from that to the rank of Brigadier and such Battalion shall have only two field officers viz. a Lieut. Col. o and a Major, but it shall have an additional Captain.” This rule was in full force as to the infantry at the time of passing the resolve of the 24 th . Nov. r , referred to in the General's authority to complete the arrangement of the army, and from the complexion of that resolve throughout, it appears that the cavalry and artillery were meant to be comprehended in every general principle of rank settled for the army. The Commander in Chief has in consequence of the power vested in him proceeded under this opinion in which we perfectly coincide, as both the uniformity of discipline and peace of the army demand that there should be distinctions in this respect. Lt: Col o . White in person produced to us the Commander in Chief's certificate of his rank as Lieut: Col o . Commandant, and we directed the commission to be filled up as a matter of course. Having thus explained ourselves on the subject we beg leave to recommend that it be resolved That in the opinion of Congress the same general principles of rank were intended to pervade the whole army and that the promotions of the artillery and horse be determined by the rules executed with regard to the infantry that on the death, removal resignation of Colonels of the artillery and horse the regiments be commanded by Lieutenant Colonels Commandant and that no promotions to the rank of Colonel either in the artillery or cavalry be made on vacancies happening after the 27 th . of May, 1778. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 157. It is endorsed: “February 17, 1780, passed.”

Adjourned to 10 o'Clock to Morrow.

FRIDAY, FEBRUARY 18, 1780

A letter, of the 5th, from General Schuyler was read: 1

1 This letter is in the Papers of the Continental Congress , No. 153, III, folio 503.

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

A memorial from John Holker, Esquire, agent for the marine of France, &c., was read, accompanied with an appeal from the judgment of the Court of Admiralty for the State of Massachusetts Bay, on the libel John Tucker versus the ship Le Vern:

Ordered , That the same be referred to the Committee on Appeals.

Congress took into farther consideration the report of the committee for estimating supplies, and in debating the following paragraph, viz. “All stall fed beef that shall be delivered after the first of January, and before the first of July, 7½ dollars per net hundred weight,”

A motion was made by Mr. [Oliver] Ellsworth, seconded by Mr. [William] Floyd, to strike out “7½” and in lieu thereof, insert “8½”

On the question shall the words moved to be struck out, stand,

The yeas and nays were required by Mr. [Nathaniel] Peabody,

New Hampshire, Mr. Peabody, no no Folsom, Massachusetts Bay, Mr. Lovell, no Holten, ay no Partridge, no Rhode Island, Mr. Ellery, no no Collins, no Connecticut, Mr. Huntington, no Sherman, ay ay Ellsworth, ay New York, Mr. Floyd, no no L'Hommedieu, no New Jersey, Mr. Fell, ay ay Clark, ay 0184 176 Pennsylvania, Mr. Searle, ay div. McLene, no Maryland, Mr. Plater, no no Forbes, no North Carolina, Mr. Penn, no Burke, no no Jones, no South Carolina, Mr. Mathews, no no

So it passed in the negative, and the words were struck out.

It was moved to insert “eight,”

Question put,

It passed in the affirmative.

Adjourned to 10 o'Clock to Morrow.

SATURDAY, FEBRUARY 19, 1780

A letter, of the 14th, from General Washington, was read, with sundry papers enclosed. 1

1 Washington's letter is in the Papers of the Continental Congress , No. 152, VIII, folio 405.

A letter, of the 5th, from Jabez Brown, Esquire, deputy governor of Rhode Island, was read:

Ordered , That the same be referred to the Board of Admiralty.

A petition from Jeduthen Baldwin was read: 2

2 This petition, dated February 16, 1780, is in the Papers of the Continental Congress , No. 42, I, folio 209.

Ordered , That the same be referred to the Board of Treasury.

The Board of War, to whom was referred the memorial of Captain Ebenezer Green, brought in a report; Whereupon,

That the subject of the memorial will be most properly discussed at the settlement of the proposed cartel for an exchange of prisoners and therefore recommend that it be

0185 177

Ordered , That the memorial of Captain Ebenezer Green, one of the hostages at the Cedars, be referred to the Commander in Chief, who is hereby authorized and directed to take such measures relative to the said hostages as he shall judge most expedient. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 163.

Congress proceeded to the farther consideration of the report of the committee for estimating supplies. On the question to agree to the following paragraph, viz. “Indian corn, per bushel, three fourths of a dollar,”

The yeas and nays were required by Mr. [Nathaniel] Peabody,

New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Holten, no no Partridge, no Rhode Island, Mr. Collins, ay ay Connecticut, Mr. Huntington, ay Sherman ay ay Ellsworth ay New York, New Jersey, Mr. Fell, no div. Clark, ay Pennsylvania, Mr. Searle, ay ay McLene, ay Maryland, Mr. Plater, ay ay Forbes, ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, ay ay

So it passed in the affirmative.

On the question to agree to the following paragraph, viz. “Oats well cleaned, half a dollar per bushel ”,

The yeas and nays were required by Mr. [Nathaniel] Peabody,

0186 178 New Hampshire, Mr. Peabody, no no Folsom, no Massachusetts Bay, Mr. Lovell, no Holten, no no Partridge, no Rhode Island, Mr. Collins, no no Connecticut, Mr. Huntington, no Sherman, ay ay Ellsworth, ay New York, Mr. Floyd, ay ay New Jersey, Mr. Fell, no div. Clark, ay Pennsylvania, Mr. Searle, ay McLene, ay ay Shippen, ay Maryland, Mr. Plater, no div. Forbes, ay North Carolina, Mr. Penn, ay Burke, ay ay Jones, ay South Carolina, Mr. Mathews, ay ay

So it passed in the affirmative.

A motion was made to postpone the consideration of the report;

On the question for postponing,

It passed in the affirmative.

A letter of this day from Mr. [Elbridge] Gerry was read. 1

1 This letter is in the Papers of the Continental Congress , No. 78, X, folio 219.

At a Board of War Feby 19. 1780 .

Present Col Pickering, M r Peters, Col Grayson

The Board having considered the motion made in Congress for a reduction of the army, and the letter from His Excellency Gen l Washington, of the 23 d of January, beg leave to inform Congress, that in every point of view in which the subject can be placed, they can only discover a choice of difficulties. Whether the advantages to be derived from the measure, will be equal to the disgusts that will be created in the course of its execution, remains with Congress to determine.

In investigating the subject, they discover numberless embarrassments by pursuing any general system for the accomplishment of the 0187 179 end proposed, and yet it seems to be indispensable, that the reduction should be effected upon general maxims, without regard to particular persons, or comparative merit.

Should Congress determine to carry the measure into execution, the board are of opinion, that a Committee should be appointed for the purpose, (with ample powers to pervade the whole business) to go to Head quarters and consult with the Commander in Chief on the most proper steps to be taken for a new arrangement of the army. By being on the spot, they would not only have the best information as to facts (which is a matter of very great consequence) but also an opportunity of taking advantage of any circumstances that might occur in advancement of the measure. There is no doubt but many Officers would of themselves chuse to retire, if it could be done consistent with their honor, and the good of their country; And others might be induced to the measure if they had such a provision made for them as it might be prudent and just in Congress to bestow.

Such a Committee would have an opportunity of conversing with the Officers, and knowing the disposition of the army, and if the arrangement was found to be inexpedient, might give it over altogether, or only execute it in those cases where it could be effected without uneasiness.

If any general rule of conduct was adopted in the first instance, it would be essential to the dignity of Congress not to recede from it on account of any opposition it might meet with. Congress well know that the reduction of armies even in absolute Governments is attended with great difficulty. In our particular circumstances it would require the utmost delicacy and circumspection.

'Tis a piece of justice due to the army, that they should be in some measure compensated for the sacrifices they have made for the good of their country. Their virtuous exertions in the general cause while many others have been engaged in the advancement of their private fortunes, should not be unrewarded. The board are of opinion that full pay and subsistence during the war, and the same emoluments after its conclusion, as those are to receive who continue in service, will be but a small compensation for the officers who shall be found supernumerary. There not being sufficient commands to enable them to remain in the army, is not a circumstance which depends on themselves, but on the inability of the country to furnish them.

The Board therefore beg leave to report,

0188 180

That a Committee be appointed to confer with the Commander in Chief on the means of reducing the number of regiments in the army.

That the said Committee in conjunction with the Commander in Chief, be empowered (if a reduction be by them found expedient) to fix the number of regiments to be kept up, and arrange the Officers therein in such manner as they shall judge most conducive to the public good, and to establish the terms on which the officers for whom there are no immediate commands, may be permitted to absent themselves from the army.

That the Committee repair immediately to Head quarters and on their return, report their proceedings to Congress.

That it be recommended to the Governments of the several States to suspend filling up vacancies of officers in their respective lines. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 167. It does not appear to have been acted upon at this time.

Adjourned to 10 o'Clock on Monday.

MONDAY, FEBRUARY 21, 1780

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

Ordered , That the same be referred to the Board of War. The Board of War, to whom was referred General Schuyler's letter, of the 5th, brought in a report, which was read; Whereupon,

At a Board of War , Feby 19. 1780

Present Col o Pickering, M r Peters, Col Grayson

The Board having considered Gen l Schuyler's letter of the 5 th instant, agree in sentiment with the Commissioners of Indian affairs in the Northern department as to the policy of the measures recommended by them with respect to ensuring the performance of any engagements the savages may make, but whether the Indians will deem it politic on their side is yet problematical, as it will have a tendency to embroil them with the Enemy. It therefore seems necessary to give discretionary powers to the Commissioners in this respect, as any plan established here may interfere with circumstances arising in the course of the Treaty. If the Indians can be prevailed on to take an active part with us, it will certainly be the best means of insuring their fidelity to the United States by involving them in our 0189 181 contest and its consequences. But their operations will much depend upon the supplies we give them, and it is a question whether we are able to support them when they throw themselves entirely upon us, if we do not supply them, they may make it a pretext for breaking the Treaty from necessity. But if a Treaty of amity and strict neutrality could be established, we should not be deemed responsible for any supplies farther than was consistent with our convenience and abilities. But this is a matter on which the board do not form any decided opinion, leaving it to the judgment of Congress, and those they have been pleased to entrust with the business.

They beg leave to report,

Resolved , That the Commissioners of Indian affairs in the Northern department, be authorized and instructed to take such securities from the hostile tribes of Indians and fall upon such methods to insure the faithful performance of their engagements the savages may make at any treaty entered into with them by with the said commissioners for establishing peace and friendship between the said Indians and the inhabitants of these States, as to them shall seem best adapted to circumstances as seem most conducive to the end, proposed without confining themselves to any particular for that purpose, in lieu of hostages.

That a Warrant issue on the Treasurer in favor of the pay master of the Board of War and Ordnance for the sum of dollars to be transmitted to the commissioners of Indian affairs in the Northern department for the purpose of defraying the expence of an expected Treaty with the hostile Tribes of Savages, and for rewarding by proper presents the Oneidas and Tuscarurraes who have continued faithfully attached to the interest of these States. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 171.

Ordered , That the last paragraph of the report, relative to an advance of money for the purpose of defraying the expence of an expected Treaty with the hostile tribes of Indians, be referred to the Board of Treasury.

0190 182

The report of the Board of War on the letter from Colonel White was read; Whereupon,

Resolved , That the promotion of the artillery and horse be determined by the rules executed with regard to the infantry; and that no promotions to the rank of colonel, either in the artillery or cavalry, be made on vacancies.

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

At a Board of War , Feb: 15. 1780

Present M r . Peters Col Grayson

The Board having rec d frequent applications for commissions from the Aides de Camp who were appointed previous to the resolution of May the 27 th . 1778, were induced to write a letter to Gen. 1 Washington on the subject. They take the liberty to enclose his Excellency's answer and beg leave to report

Resolved , That all aids de camp now in service, who were appointed before the 27th of May, 1778, and are not admissible into any state line, receive commissions agreeably to the rank they are entitled to, under the resolution of June 5th, 1776; the commissions to bear the dates of their appointments. 1

1 This report is in the Papers of the Continental Congress , No. 147, IV, folio 151.

Congress resumed the consideration of the report of the committee for estimating supplies, and in debating the following paragraph, viz. “West India rum good proof one dollar and one half per gallon.”

A motion was made by Mr. [Nathaniel] Peabody, seconded by Mr. [George] Partridge, to strike out the words, “one dollar and an half,” and in lieu thereof, insert “two dollars and a half .”

On the question shall the words moved to be struck out stand, the yeas and nays were required by Mr. [Nathaniel] Peabody,

0191 183 New Hampshire Mr. Peabody no no Folsom, no Massachusetts Bay, Mr Holten, no no Partrige, no Rhode Island, Mr. Ellery, no no Collins, no Connecticut, Mr. Huntington, no Sherman, ay no Ellsworth no New York, Mr. Floyd, ay ay L'Hommedieu, ay New Jersey Mr. Fell, ay ay Clark ay Pennsylavania, Mr. Searle, ay Muhlenberg, ay ay McLene ay Shippen, ay Delaware, Mr. McKean, — Maryland, Mr. Plater, ay ay Forbes, ay Virginia, Mr. Griffin, no no North Carolina, Mr. Penn, ay Burke, ay ay Jones ay South Carolina, Mr. Mathews, ay ay

So it passed in the affirmative.

“Best alum, or rock salt, per bushel, three dollars.”

A motion was made by Mr. [James] Forbes, seconded by Mr. [George] Plater, to strike out “three dollars.”

On the question shall the words moved to be struck out stand,

The yeas and nays were required by Mr. [James] Forbes,

New Hampshire Mr. Peabody no no Folsom, no Massachusetts Bay, Mr Holten, ay div. Partridge, no Rhode Island, Mr. Ellery, ay ay Collins, ay Connecticut, Mr. Huntington, ay Sherman, ay ay Ellsworth ay New York, Mr. Floyd, ay ay L'Hommedieu, ay 0192 184 New Jersey Mr. Fell, ay ay Clark ay Pennsylavania, Mr. Searle, ay Muhlenberg, ay ay McLene ay Shippen, ay Maryland, Mr. Plater, no no Forbes, no Virginia, Mr. Griffin, ay ay North Carolina, Mr. Burke, ay ay Jones ay South Carolina, Mr. Mathews, ay ay

So it passed in the affirmative.

Adjourned to 10 o'Clock to Morrow.