FOUR O'CLOCK, P. M.

A memorial, from Mons. le Brun, and a letter from John Dorsius, and one, from brigadier-general Howe, relative to eight French officers, were read. Congress took into consideration the memorial from the Rev. Mr. Daniel Batwel, setting forth, "that, on a charge of being concerned in a conspiracy to destroy the continental magazines in this state, he was in custody of the keeper of the gaol of York county, by virtue of a commitment, until Congress or the supreme executive council of this state should take further order touching him, or until he should be otherwise discharged according to law;" and it appearing to Congress, by the certificate of Dr. Jameson that the memorialist is so much emaciated, by a complication of disorders, that his life will be endagered, unless he be removed from the said gaol:

Resolved, That the memorial be referred to the president and supreme executive council of this state, to take such order relative to the memorialist as they shall think proper; and that, in the mean time, the keeper of the gaol be directed to remove the petitioner from the said gaol to some other safe and proper place, and there grant him every indulgence necessary for the preservation of his health, consistent with the safe-keeping of his person; and that the commanding officer in this place afford the necessary assistance of guards for that purpose.

Resolved, That the articles of confederation be taken into consideration to-morrow morning, at 11 o'clock.

Resolved, That the commissary-general of provisions, the quarter-master general and their deputies, respectively, be directed to provide and supply, in the places where Congress may meet, such articles of their respective departments as may be required by the several members thereof, for the use of themselves, their servants and horses, the said members paying the cost of the said articles; and that this resolution extend to the secretaries, treasurer and the officers of the several boards and committees of Congress. Resolved, That the treaty made by Benjamin Franklin and Silas Deane, at Paris, the 17th February, 1777, with the chevalier du Portail and others, be confirmed and ratified as far as it relates to Mons. de Laumoy.

A letter from W. Buchanan, commissary general of purchases, was read:
Ordered, That it be referred to the board of war.

A letter, of the 1st, from the chevalier de Preudhomme de Borre was read.
The several matters to this day referred, being postponed,
Adjourned to ten o'clock to-morrow.

FRIDAY, October 3, 1777.

A letter of the 1st, and one of the 12th September, from captain N. Biddle, of the Randolph frigate, the first containing charges against lieut. Panatier de la Folconer; one, of the 26th August, and one, of the 12th September, from John Dorsius; also, two letters of intelligence respecting stores and clothing, were read:

Ordered, That the intelligence respecting stores and clothing be kept secret, and that the committee of commerce pursue such measures as they judge proper in consequence thereof.

The committee on the treasury brought in a report; Whereupon,

Ordered, That there be paid to James Hays, in discharge of a bill of exchange assigned to him by John Ashe, esq. public treasurer of the state of North-Carolina, on the continental treasurer, 250 dollars, being for pay and subsistence of the continental troops raised in that state; the said sum to be charged to the state of North-Carolina, in part of the money heretofore appropriated for the use of that state.

FOUR O'CLOCK, P. M.

Resolved, That Monday next be assigned for appointing commissioners to audit and settle the accounts of Georgia against the United States.

The board of war brought in a report, which was taken into consideration; Whereupon, it was moved,

"That the consideration of the report from the board of war, respecting the baron de Kalb, be postponed; that a copy of the baron's letter to R. H, Lee, esq. of the 28th September, and of brigadier-general Conway's letter to Congress of the 25th September, be transmitted to general Washington, and that he direct an enquiry to be made into the priority of rank between the baron de Kalb and general Conway in France, and report the same to Congress:"-Question put;

So it passed in the negative.

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

SATURDAY, October 4, 1777.

A letter, of the 30th September, from Charles Stewart, commissary-general of issues, and one of this day from the chevalier de Borre, were read: Ordered, That such part of Mr. Stewart's letter as relates to money, be referred to the board of treasury, and the remainder to the board of war.

Congress took into consideration the letter of the 1st, from Mons. Preudhomme de Borre, wherein he asks to be made a major-general, and complains of being condemned before he was heard; and considering that Congress had ordered an enquiry into the conduct of Mr. de Borre, and that he, being notified thereof, did, on the 14th of September, wait on the president with an offer to resign his commission of brigadier-general; and his resignation being accepted,

Resolved, That Congress do not consider him as an officer in the service of the United States, he having resigned his commission; and that his request to be made a major-general, or to be further employed in the service of the United States, cannot be complied with.

A motion was made, "That general Washington be directed to order 2000 stands of the arms expected from Springfield, to the state of Maryland, to be delivered to the governor and council of that state, the arms so delivered to be charged to that state:" on motion made, and question put,

Resolved, That the consideration thereof be postponed.

Congress was moved to pass the following resolution: "Whereas, it appears by letters to Congress from John Adam Treutlan, esq. governor of Georgia, and particularly by one dated 19th June last, that it is the desire of the executive powers of government in the state of Georgia, that Congress should take under their consideration the several accusations against George M'Intosh, and determine on the case, and for that purpose have transmitted to Congress, divers minutes of council and assembly, together with certified copies of depositions relative to the said case, and had for that purpose ordered that the said M'Intosh should be conducted under guard to Philadelphia;

VOL. II.

35

and whereas, the said George M'Intosh has signified his consent to submit to an enquiry, by a committee of Congress, into the causes of his commitment: Resolved, That the committee appointed to consider and report upon the letters, depositions, and other papers which have been received from governor Treutlan, be authorized to inform the said G. M'Intosh, now attending the orders of Congress, of the accusations alleged against him, and to furnish him, if he shall require it, with copies of the depositions and other evidence in support of the charge, to hear and receive such answers as he may offer in his defence, and report the whole to Congress."

The question put, passed in the negative.

A motion was then made, that it be

Resolved, That the committee to whom the letter from governor Treutlan, with the papers accompanying them, were referred, be discharged from considering them;

A motion was made respecting George M'Intosh; and, on motion, Resolved, That the consideration thereof be postponed till Monday next. The committee on the treasury brought in a report; Whereupon,

Ordered, That there be paid to Mons. de Romanet, Mons. du Ballet, Mons. Villefranche, Mons. l'Enfant, Mons. Niverd, Mons. Fouquet and Mons. Fouquet, jun. lately arrived from France, to tender their services to the United States, each 100 dollars, for which they shall be respectively ac

countable.

Resolved, That the commissary-general of issues be supplied, from time to time, with money for the payment of the several officers and other expenses of his department, out of the continental treasury, for which purpose he is to apply to Congress, and to be accountable for the expenditure; and that 10,000 dollars be advanced to him or his agent, on account of the said department, for which he is to be accountable.

FOUR O'CLOCK, P. M.

The committee to whom were referred the two letters to William Buchanan, esq. commissary-general of purchases; one from Peter Colt, esq. and the other from gen. Putnam, on the subject of the commissary's department, brought in a report, which was taken into consideration; Whereupon,

Resolved, That if the deputy commissary-general of purchases, or of issues, appointed for the eastern district, shall decline to accept of, or officiate in, their respective offices, major-gen. Putnam, the commanding officer at Peekskill, or the commanding officer there for the time being, be authorized and directed to appoint suitable persons to those respective offices, or either of them; and that major-gen. Gates, or the commanding officer for the time being of the northern department, have similar power with respect to the deputy commissary-general of purchases and of issues for the northern department, and that they respectively certify the names of the commissaries, which they may appoint, to Congress, for approbation.

Resolved, That every assistant appointed, or that hereafter may be appointed by the respective deputy commissaries-general of purchases and of issues, shall enter into bond to the president of Congress, in the penalty of 5000 dollars, for the faithful performance of his duty; and such bond, being taken by the deputy commissary-general, and lodged with the pay-master general, or deputy pay-master general of the district, to be by him transmitted to the treasury board, the deputy commissary-general shall no longer be chargeable or accountable for the good behaviour of such assistants :

That every deputy commissary-general shall be authorized to appoint as many clerks, not exceeding the number of three, as the respective commissaries-general shall judge necessary, who are directed to report the same to Congress.

And whereas it is represented that it will be exceedingly difficult to comply with the regulations of Congress, for branding and numbering cattle on the horns:

Resolved, That the purchasers of live stock be respectively directed to adopt such other mode for marking the same as they shall judge expedient, and to transmit to Congress, by the earliest opportunity, the regulations for that purpose by them adopted:

That each of the deputy commissaries-general of purchases be authorized to allow to the purchasers of live stock, in his respective district, a longer time for making the returns required by the 10th article of the regulations of the department of the commissaries, than is therein specified; provided such deputy commissary-general shall judge it necessary, and the time further allowed does not exceed one month. And if, in the hurry of a march or engagement, or at any other time, any deputy appointed to receive, kill, and deliver live stock, shall be unable to weigh the meat, hides, and tallow thereof, he shall be indemnified from any charge of neglect, upon producing to the respective purchaser of cattle, a certificate from the commanding officer of the army, post, or detachment, of the fact aforesaid; and such certificate shall also excuse the purchaser of live stock from producing the receipt of the issuing commissary, required by the 14th article of the said regulations:

That it never was the intention of Congress to make any purchaser of live stock, or officer of the department, liable for unavoidable loss of all or any part of such live stock, when such purchaser or officer shall make appear that proper care hath been taken to prevent such loss.

Ordered, That there be advanced to marquis Calmes, commander of the division of Virginia militia from Frederick county, 1000 dollars, for the use of the said division, the said M. Calmes to be accountable.

The committee on the treasury brought in a report; Whereupon,

Ordered, That there be advanced to captain Weaver, appointed to conduct the prisoners of war to Virginia, 2000 dollars, for the use of the department under his command, and the support of the prisoners in the march ; and for which he shall be accountable.

Congress resumed the consideration of the report from the board of war ; Whereupon,

Resolved, That the baron de Kalb be at liberty to give up his commission of major-general, if the contingency mentioned in his letter of the 28th of last month should happen:

That the baron de Kalb's commission be dated the same day with that of the marquis de la Fayette, agreeable to the baron's request :

That a compliance with the 4th and 5th articles of baron de Kalb's letter would be improper at this time, as Congress have not made any provision for their own officers, with whom foreign officers of equal merit and service will always be considered on a footing.

Resolved, That the commissary-general of purchases employ a proper per

1

son to receive all the wheat belonging to the United States in the several mills and store-houses in the neighborhood of York-Town, and have such parts as are good manufactured into flour and delivered to the commissarygeneral of issues; the bran and damaged wheat to be delivered to the commissary of forage.

Resolved, That major Henry Brockholst Livingston, aid-de-camp to major-general Schuyler, be promoted to the rank of a lieutenant-colonel, as a reward for his merit and services in the American army.

Resolved, That major Troup, aid-de-camp to major-general Gates, be presented with a commission of lieutenant-colonel, as a reward of his merit and services in the American army.

Resolved, That the chevalier de Buisson shall have a commission as a major, and whenever he shall think proper to return to France, he shall, if not promoted before that time to a higher rank, receive a commission of a lieutenant-colonel.

Resolved, That it be referred to gen. Washington to make such provision for quartering the troops in the winter season, as he shall think proper. Resolved, That a standing committee for Indian affairs be appointed, and that the petition of Abraham Nimham be referred to them:

That Monday next be assigned for appointing the said committee.

Resolved, That the governor and council of New-York, be desired to erect a monument, at continental expense, of the value of 500 dollars, to the memory of the late brigadier Herkemer, who commanded the militia of Tryon county, in the state of New-York, and was killed fighting gallantly in defence of the liberty of these states.

Resolved, That a letter be written to general Gates, informing him, that Congress highly approve of the prowess and behaviour of the troops under his command, in their late gallant repulse of the enemy under gen. Burgoyne. Resolved, That the thanks of Congress be presented to gen. Stark of the New-Hampshire militia, and the officers and troops under his command, for their brave and successful attack upon, and signal victory over, the enemy in their lines at Bennington and that brigadier Stark be appointed a brigadier-general in the army of the United States.

In passing the last clause, the yeas and nays were required and taken :

ay

Duer,

}

Pennsylvania,

Mr. Roberdeau,

ay
ay
ay Jay

ay oy

Georgia,

Laurens,
Mr. Walton,

ay Yay Resolved, That the thanks of Congress be given to col. Gansevoort, and to the officers and troops under his command, for the bravery and perseverance which they have so conspicuously manifested in the defence of FortSchuyler:

That col. Gansevoort be appointed col. commandant of the fort he has so gallantly defended.

Resolved, That Congress have a just sense of the distinguished merit of lieutenant-colonel Willet, for a repeated instance of his bravery and conduct in his late successful sally on the enemy investing Fort-Schuyler; and that the commissary-general of military stores be directed to procure an elegant sword, and present the same to lieutenant-colonel Willet, in the name of

these United States.

Resolved, That the commissary of prisoners provide, under the direction of the board of war, log barracks for continental prisoners of war, that