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It was then moved, that three commissioners, not members of Congress, should conduct the enquiry:

On this the states were equally divided.

The yeas and nays are as follows:

Mr. Gerry,

Lovell,

Witherspoon,

Mr. Harnett,
Penn,
Middleton,
Walton.

YEAS.

(Mr. Duer,

Wilson,

Clymer,

[Mr. Chase,
Harrison,
F. L. Lee,
Jones,

NAYS.

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Law,
Duane,

Mr. Folsom,
Frost,

Marchant,

The several matters to this day referred, being postponed,
Adjourned to ten o'clock on Monday.

MONDAY, August 25, 1777.

A letter, of the 23d, from gen. Washington, enclosing a copy of a letter of the 11th, from gen. Schuyler, respecting some Caghnawaga Indians; also, a letter of the 20th, from gen. Gates, at Van Schaack's island; one, of the 24th, from colonel H. Hollingsworth, at the Head of Elk; one, of the 13th, from col. G. Morgan, at Fort-Pitt, with a copy of sundry conferences held with the Indians; and one, of the 16th, from Dr. Shippen, were read:

Ordered, That general Washington's letter be referred to the committee on Indian affairs; that so much of colonel Morgan's letter as relates to money, be referred to the board of treasury, and that the remainder, with the papers enclosed, be referred to the board of war; that the letter from Dr. Shippen, be referred to the medical committee.

In consequence of an adjustment by the commissioners of claims, the auditor-general reports,

That there is due to Peter and Daniel Mallet, a balance of their accounts for supplying and paying the nine regiments from North-Carolina, their rations from the time of leaving that state to the 1st of August instant, amounting to 14,613 39-90ths dollars, of which they received from Benjamin Harrison, esq. deputy pay-master general in Virginia, 10,000 dollars, and credit for rations drawn out of the public stores, 1020 50-90ths dollars, and for over charge in rations supplied, 171 2-90ths dollars; the balance is, 3421 77-90ths dollars :

To colonel Hazen, 800 dollars, being for one hundred half Johannes he paid to lieutenant-colonel Edward Antil of his regiment in February, 1776, to be employed in raising recruits for a regiment of Canadians, and for which sum colonel Antil is to be accountable; this sum was charged in colonel Hazen's account, reported the 30th of last month, but the commissioners deducted it from the balance, until colonel Antil's receipt should be produced, which is now done :

Ordered, That the said accounts be paid.

The committee on the treasury brought in a report, which was taken into consideration; Whereupon,

Ordered, That there be advanced to the delegates of the commonwealth of Virginia 19,168 dollars, agreeable to an application from governor Henry of the said commonwealth, by letters dated the 24th of July, and an account of expenditures made by the said commonwealth, for the use of the United States, and for which the said commonwealth is to be accountable : That there be paid to the chevalier de Failly 380 dollars, in addition to 100 dollars advanced him by a warrant the 6th instant, it being in full of his

1777

pay as lieutenant-colonel, for eight months, from the 1st of December last, and for which he is to be charged:

That a warrant be issued in favor of the board of war for 500,000 dollars, to be sent to the pay-master general for the use of the army, and for which the said pay-master general is to be accountable.

Resolved, That the same pay be allowed to the officers who served on board the fleet on Lake-Champlain, as is allowed to officers of equal rank belonging to the navy of the United States.

Ordered, That there be advanced to William Buchanan, esq. commissarygeneral of purchases 100,000 dollars, for the use of his department, he to be accountable.

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Ordered, That the board of war take speedy and effectual measures for having six thousand stand of arms brought from the magazine at Springfield to head-quarters.

A letter, of this day, from general St. Clair, was read.

A petition, from Henry Sherer; one, from Jonathan Pearson; one, from Juliana Zedwitz; one, from Conrad Miller; one, from captain Tenet; and one, from William Bunting, were read:

Ordered, That they be dismissed.

A petition, from John Rodgers; and one, from Bersheba Parsons, were read: Ordered, To lie on the table, and that the petitioners have leave to withdraw them.

A petition, from John Cox, was read:

Ordered, To lie on the table.

A memorial from count Pulaski, was read:

Ordered, That it be referred to the committee on foreign applications. A memorial from Lewis John Baptist Chamberon de Dantignac; a petition, from Margaret Crohon; one, from Thomas Hill; one from Shewbert Armitage; and one, from Mary Quick, were read:

Ordered, That they be referred to the board of war.

A memorial from lieutenant Jean Baptist Moargues; and one, from baron Holtzendorf; also a petition from Elizabeth Parsons; and one, from captain Buisben, were read:

Ordered, That they be referred to the board of treasury.

A memorial from Leonard Prime and others, officers of the fleet on LakeChamplain, was read:

Ordered, That it be referred to the marine committee.

A petition from Levi Hollingsworth and Nicholas Rusk, was read: Ordered, That it be referred to the delegates of Pennsylvania and Maryland.

A letter, of this day, from general Washington, at Chester, enclosing a copy of a letter of the 20th, from general Schuyler, at Albany, with a return of the northern army; also a copy of one of the 19th, from general Lincoln to general Schuyler, with a copy of general Burgoyne's instructions to lieutenant-colonel Baum, were read:

Ordered, That the instructions of general Burgoyne to lieutenant-colonel Baum, be referred to the committee of intelligence.

Congress resumed the report on the mode of conducting the enquiry into the causes of the evacuation of Ticonderoga and Fort-Independence, and into the conduct of the general officers in the northern department at the time of the evacuation, and the question being put to agree to the first paragraph,

Resolved in the affirmative.

The yeas and nays being required by the state of New-Hampshire, are. as follows:

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The several matters to this day referred, being postponed,
Adjourned to ten o'clock to-morrow.

TUESDAY, August 26, 1777.

A letter, of the 25th, from general Washington, at Wilmington, enclosing a copy of a letter from H. Hollingsworth; a letter, of the 24th, from colonel Hollingsworth; one, of the 13th, from lieutenant-colonel Carrington, at Yorktown, Virginia; and an application from Mons. du Coudray, were read.

Ordered, That so much of Monsieur du Coudray's application as relates to money, be referred to the board of treasury, and the remainder to the board of war:

That the copy of the letter from colonel Hollingsworth be referred to the committee of intelligence.

The delegates of Georgia laid before Congress a letter from Ebenezer S. Platt, dated Newgate, in London, 16th of May, 1777, and directed to Seth Cuthbert, merchant in Georgia, representing that he had been apprehended and imprisoned on account of having acted under the authority of Congress, and requesting to be supplied with a sum of money, and that he may be demanded in exchange; Whereupon,

Resolved, That the American commissioners at the court of France be directed to supply the said Ebenezer S. Platt with a sum not exceeding one hundred pounds sterling; and that they demand his person in exchange for some person in our power:

Resolved, That the sum so to be advanced be charged to the state of Georgia.

A memorial from col. A. Spotswood, of the 2d Virginia regiment, with sundry papers therein referred to, was laid before Congress and read: Ordered, That the same be referred to the board of war.

A motion was made to order the 1st and 3d battalions of New-Jersey troops, to be stationed in New-Jersey, until the further order of Congress, and to take such posts as will be most effectual for securing the parts of New-Jersey, lying to the northward of Amboy, from the frequent excursions of the enemy from Staten-Island; and that gen. Washington be informed of the said battalions being detained for the above purpose:

Question put, passed in the negative.

Resolved, That if any member chooses to have the ayes and noes taken upon any question, he shall move for the same previous to the president's taking the sense of the house on such question, and if the motion be seconded, the individual members of each state shall be called upon to answer ay or no to the question, which answer shall be entered on the journal, and the question be determined by the majority of states, as the majority of votes in each shall make appear.

Resolved, That it be recommended to his excellency the president and the honorable the executive council of the state of Pennsylvania, to lend the commander in chief two brass twelve pounders belonging to the said state. Resolved, That the supreme executive council of Pennsylvania be request

ed to order all the leaden spouts in Philadelphia to be taken down for the use of the laboratory.

A petition from Charles Craig and Thomas Dorsey, was read:

Ordered, To lie on the table.

Congress resumed the consideration of the memorial from col. Hazen, the report of the board of treasury, and the report of the commissioners of claims on the account of col. Hazen; and, after debate,

Ordered, That the said reports be re-committed.

Resolved, That the commissioners of claims be instructed to distinguish between the sums due to col. M. Hazen for hard money advanced by him, and those due to him for commodities furnished by him for the use of the army in Canada.

Resolved, That the former sums be repaid to him in hard money, with interest, at six per cent. from the 1st May, 1775.

Ordered, That 10,000 dollars be advanced to the delegates of Maryland, for the use of that state, which is to be accountable.

Whereas, the states of Pennsylvania and Delaware are threatened with an immediate invasion from a powerful army, who have already landed at the head of Chesapeake-Bay; and whereas, the principles of policy and self preservation require that all persons who may reasonably be suspected of aiding or abetting the cause of the enemy, may be prevented from pursuing measures injurious to the general weal :

Resolved, That the executive authorities of the states of Pennsylvania and Delaware, be requested to cause all persons within their respective states notoriously disaffected, forthwith to be apprehended, disarmed, and secured, till such time as the respective states think they may be released without injury to the common cause.

Resolved, That it be recommended to the supreme executive council of the state of Pennsylvania, to cause a diligent search to be made in the houses of all the inhabitants of the city of Philadelphia, who have not manifested their attachment to the American cause, for fire-arms, swords, and bayonets; that the owners of the arms so found be paid for them at an appraised value, and that they be delivered to such of the militia of the state of Pennsylvania who are at present unarmed, and have been called into the field.

Ordered, That the board of war furnish the state of Maryland with as many fire-arms as can be spared for arming their militia now called into service. The board of treasury brought in a report, which was taken into consideration; Whereupon,

Ordered, That there be advanced to lieutenant-col. baron de Holtzendorf 300 dollars, for which he is to be accountable.

Ordered, That there be advanced to col. G. Morgan 20,000 dollars, for the use of his department, and for which he is to be accountable:

That there be advanced to lieutenant-col. the chevalier de Failly 184 dollars, for three months' pay from the 1st of this month:

That there be advanced to major de Bois 150 dollars, for three months' pay, commencing the first of this month.

In consequence of an adjustment by the commissioners of claims, the auditor-general reports,

That there is due to James Mitchel, late a serjeant in colonel Stewart's regiment, three months' half-pay, being from the 1st day of May last, the time he settled with the pay-master, to the 1st inst. at which time he inlisted in colonel Nicola's corps, he being an invalid, 12 dollars:

To the commissioners of claims eight dollars, which they advanced to Samuel Hamel, James M'Callister, &c. for taking up a certain Robert McCann, a deserter from captain Robert Smith's company of colonel Feebucker's regiment, and delivered him to Robert Jewell, keeper of the state prison, viz: 5 dollars for taking him up, and 3 dollars for expenses:

To Nathaniel Jones, a balance for the hire of his wagon impressed to bring money from Baltimore, 11 days out and home, 42 dollars, of which he received from M. Hillegas, esq. 20 dollars; the balance is 22 dollars:

To sundry persons of Northumberland county, belonging to colonel Potter's battalion of militia, for rifles, guns and blankets, taken and appraised for the use of captain William Gray's company of the said battalion, some time in December last, which articles were not returned to the owners, but delivered up to the continental store, as appears by certificates, 1208 12-90ths dollars, and that the same ought to be paid to brigadier Potter, or his order. Ordered, That the said accounts be paid.

The several matters to this day referred, being postponed,
Adjourned to ten o'clock to-morrow.

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WEDNESDAY, August 27, 1777.

A letter, of the 25th, from J. M'Kinley, president of the state of Delaware; one, of the 5th, and one, of the 10th, from brigadier-general de Roche Fermoy, were read:

Ordered, That they be referred to the board of war.

A petition from Peter Frances de Bois was read:

Ordered, That it be dismissed.

A letter from colonel Bailor to colonel Harrison, was laid before Congress and read:

Ordered, That it be referred to the board of war.

The board of war to whom the petition of Lewis John Baptiste Chamberon de Dantignac was referred, brought in a report, which was read: Whereupon, Ordered, That the petition be dismissed.

A petition from Mons. de Ganot, was read.

Congress resumed the consideration of the report of the committee on the mode of conducting the enquiry into the causes of the evacuation of Ticonderoga and Mount-Independence, &c.

In considering the 2d paragraph, it was moved to add these words, "and his reasons for absence from Ticonderoga at the time of the enemy's approach to that post :" Question put, passed in the negative.

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In debating the 7th paragraph sundry amendments were moved and agreed, viz.

After "number" insert " equipment."

After "militia" insert "and the term of service for which they were engaged :"

On motion to strike out "where the general officers marched in the retreat" and insert in lieu thereof " and the manner in which the retreat was conducted."

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