already are, or hereafter may be, sent to the commonwealth of Virginia, at such place or places as the governor and council of that state shall approve; that, in the construction thereof, regard be had to the health and safe-keeping of the prisoners, and that a convenient space of ground, surrounding or adjoining thereto, be set apart for benefit of air, and so enclosed, as to prevent all intercourse with the inhabitants; that until such barracks be provided, the prisoners be sent to the county lieutenants of Frederick and Augusta counties, in Virginia, to be by them secured, at the continental expense, in such manner as shall be suitable for prisoners of war, and until the governor and council of Virginia shall take further order therein.

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

MONDAY, October 6, 1777.

A letter, of the 3d, from general Washington, 20 miles from Philadelphia, enclosing a copy of a proclamation by sir William Howe, dated 28th Sept. a letter of the 29th Sept. from gen. Putnam, at Peeks-Kill; and one, of the 5th inst. from chevalier de Preudhomme de Borre, were read:

A

Ordered, That the copy of the proclamation be referred to the committee of intelligence; and that they be directed to prepare an address to the inhabitants of Pennsylvania, and report the same to Congress.

Ordered, That a copy of the letter from general Putnam, be immediately transmitted to general Washington; and that he pursue such measures in consequence thereof, as he judges most conducive to the public safety, and that he inform gen. Gates of the steps he may think proper to be taken.

Ordered, That a copy of the said letter be sent to gen. Gates, and that he be directed to give such assistance for strengthening the defences of Hudson's river, as the circumstances of his own department may admit, of which he is to judge.

Resolved, That gen. Washington be directed, if the situation of his army will admit, to send one of the four engineers to do duty at Fort-Montgomery and the defences on Hudson's river.

Ordered, That the letter from the chevalier de Preudhomme de Borre, be referred to the board of war, and that they be directed to report thereon as soon as possible.

The board of war brought in a report: Whereupon,

Resolved, That two companies be raised on continental establishment for the purpose of guarding the stores at Carlisle; these companies to have no bounty, and to be inlisted for one year, unless sooner discharged by Congress, under an engagement from Congress that they shall not be removed from Carlisle, nor be ordered on any other service. That James Armstrong Wilson be appointed to one of the said companies, with the rank and pay of a major, and that Samuel Postlethwaite be appointed captain of the other company. Resolved, That the commissaries-general of purchases and issues, and their deputies and assistants, have power and authority to impress and seize wagons, shallops, and proper store-houses, on extraordinary occasions, for the use of their departments; this authority to extend to the distance of 70 miles from head-quarters, and to be in force to the 1st of January next, and no longer; and that they respectively be directed not to contravene a former resolution of Congress, relative to wagons going with necessaries to the army; and, as far as circumstances will admit, that they exercise their authority on persons who have not taken the oath or affirmation of allegiance to the respective states, in compliance with the laws of such states.

The committee on the treasury brought in a report; Whereupon, Ordered, That there be advanced to George Eichelberger, esq. deputy quarter-master general at Yorktown, 2500 dollars, on his application in behalf of the quarter-master general, for the use of that department, and for

which the quarter-master general is to be accountable; and that a copy of this order be sent to general Mifflin, quarter-master general.

Ordered, That there be paid to William C. Houston, or his order, 333 1-3 dollars, for his salary as deputy secretary of Congress, from the 1st April to 1st September last, being five months, at the rate of 800 dollars per ann. Resolved, That the drawing of the United States' lottery be deferred to the 6th January next, on account of the unsettled state of the commonwealth of Pennsylvania, occasioned by the invasion of the enemy; and that the managers of the said lottery give notice thereof by advertisement in the newspapers of the several states.

FOUR O'CLOCK, P. M.

A letter, of the 5th, from general Mifflin, enclosing one of the 4th, from colonel Lutterloe, was read.

Congress proceeded to the election of a committee for Indian affairs; and, the ballots being taken, Mr. Duane, Mr. Walton, Mr. Burke, Mr. Jones and Mr. Law, were elected.

A petition, from Charles M'Davitt, Patrick Smith and others, was read: Ordered, That it be referred to the commissioners of accounts for the northern department, and that they or any two of them enquire into the facts suggested by the petitioners, and also into the objections made by general Gates against allowing the claims of the petitioners, and make report thereof to Congress, delivering a copy of their report to general Gates.

Ordered, That the letter of the 19th June, and that of the 14th August, from governor Treutlan, be referred to the board of treasury.

Ordered, That to-morrow morning, at 11 o'clock, Congress take into consideration that part of the article of confederation which relates to the mode of voting in Congress.

Resolved, That so much of the resolution of the 23d March, 1776, as directs that the wages of seamen and mariners taken on board British merchant vessels, be paid and deducted out of the prize-money, be repealed and made null and void.

Resolved, That all masters, officers and mariners, and all subjects of the king of Great-Britain, taken on board any prize made by any continental vessel of war, be hereafter considered as prisoners of war, and treated as such, and that the seamen and mariners of such prize be confined in the gaols or some other secure place in the state to which the prize shall be carried; and it is recommended to the several states to consider and treat all captains, officers and mariners, and all subjects of the king of Great-Britain, taken on board any prize made by any vessel fitted out by, or carried into, any state by any privateer or letter of marque, as prisoners of war.

Ordered, That the commissary-general of prisoners be informed of this resolve; and that he be directed to appoint a deputy in each state.

Resolved, That it be recommended to the legislatures of the several states to pass laws, declaring, that any person, his aider or abettor, who shall wilfully and maliciously burn or destroy, or attempt or conspire to burn or destroy, any magazine of provisions, or of military or naval stores, belonging to the United States; or if any master, officer, seaman, mariner or other person entrusted with the navigation or care of any continental vessel, shall wilfully and maliciously burn or destroy, or attempt or conspire to burn or destroy, any such vessel, or shall wilfully betray or voluntarily yield or deliver, or attempt or conspire to betray, yield or deliver, any such vessel to the enemies of the United States, such person, his aider or abettor, on legal conviction thereof, shall suffer death without benefit of clergy.

A letter, of the 25th September, from brigadier-general Parsons, was read, recommending the Rev. Mr. Dwight to be appointed chaplain to his brigade; Whereupon,

Resolved, That the Rev. Mr. Dwight be appointed chaplain to brigadiergeneral Parsons' brigade.

Ordered, That the resolution of the 10th September, for paying the interest of money lent to the continent by bills of exchange on the commissioners at Paris, be without delay transmitted to the executive powers of the several states, with a request, that they will order the same to be published in their respective gazettes for six months, successively.

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

TUESDAY, October 7, 1777.

A letter, of this day, from Peter Tarlan, deputy quarter-master general for Georgia, was read:

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

Ordered, That 390 dollars be advanced to R. Peters, esq. secretary of the board of war, for contingent expenses, and for which he is to be accountable. A memorial, from Mons. le Brun, was read:

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

According to the order of the day, Congress took into consideration that part of the articles of confederation relative to the mode of voting in Congress; and after debate, the farther consideration thereof was postponed to the afternoon.

Ordered, That 20,000 dollars be advanced and charged to the committee of commerce, by a draught on the commissioner of the loan-office in the state of Massachusetts-Bay, to be paid to Mr. John Bradford, agent for the committee, he to be accountable to the committee.

FOUR O'CLOCK, P. M.

Congress resumed the consideration of the articles of confederation relative to the mode of voting in Congress; Whereupon, it was moved,

"That in determining questions, Rhode-Island, Delaware and Georgia shall have one vote, and every other state shall have one vote for every 50,000 white inhabitants therein, taken and transmitted according to the directions of the 9th article; and when the white inhabitants of Rhode-Island, Delaware and Georgia shall exceed 50,000, the number of votes to be given by such state shall be encreased in the proportion of one vote for every 50,000 such inhabitants, that an equality in this national assembly may be preserved as nearly as possible, and that those who are bound by measures and are to pay taxes demanded by an assembly, the members of which are elected not by all the people, but by those of a particular district, may have the same proportionable number of votes as they would have if they were personally present. If, in process of time, the people shall so multiply as that the Congress, consisting of one delegate for every 50,000 white inhabitants, would be too numerous, the proportions shall be again adjusted, wherein the same rule of equality in the representation shall be observed;" New-Hampshire, Mr. Folsom, Massa'stts-Bay Mr. S. Adams,

no no Maryland,

Mr. Chase,
Carroll,
Smith,

no

no

no no

no

no

no

Rhode-Island,

Mr. Marchant,

no

Jones,

ay

New-York,

Mr. Duane

Duer, }

no

Harnett,

no

no

no

New-Jersey,

Mr. Witherspoon, no no

Pennsylvania, Mr. Roberdeau,

Heyward, no no

Laurens, no

So it passed in the negative.

It was then moved, "That each state shall have a right to send one delegate to Congress for every 30,000 of its inhabitants, and in determining questions in Congress each delegate shall have one vote;"

New-Hampshire, Mr. Folsom,
Massa'stts-Bay, Mr. S. Adams,

J. Adams,
Gerry,

no no Maryland,

Mr. Chase,

no

Connecticut,

no

F. L. Lee,

ay

Law,

Harnett,

no

no

So it passed in the negative.

It was then moved, "That the quantum of representation for each state shall be computed by numbers proportioned according to its contribution of money or tax levied, agreeable to this confederation, and paid into the public treasury towards the annual expenses necessary for the support of the union ;" New-Hampshire, Mr. Folsom, Massa'stis-Bay, Mr. S. Adams,

So it was resolved, That in determining questions each state shall have

one vote.

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

WEDNESDAY, October 8, 1777.

A letter, of the 5th, from general Washington, and a petition from David Redic, were read:

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

Whereas, the fourth Georgia battalion of continental troops, commanded by col. John White, is about to march from the state of Pennsylvania to its station in the state of Georgia; and, whereas, it may be necessary for the good order of the said battalion that general courts-martial may be held to try and punish offenders for breach of the articles of war on the march of the said battalion; and whereas, there is no general officer in the service of the United States stationed on or near the route of its march, without whose authority, according to the articles of war, no general court-martial can be held for the trial and punishment of such offenders:

Resolved, therefore, That the said colonel John White be empowered, at any time in the course of his said march, to order a general court-martial to consist of his own officers, if none others of the continental army can be conveniently summoned, and to try any non-commissioned officer and soldier belonging to the said battalion, who shall be charged with breaking any of the articles of war; and to confirm the sentence of any such courtmartial, to discharge the said court-martial, or to confirm any such sentence, and afterwards to remit the punishment that shall be so sentenced, as he shall think proper; provided that the powers hereby given shall cease and determine so soon as the said battalion shall arrive at its station in Georgia. A motion was made, to prevent an intercourse between the towns in the possession of the enemy and the inhabitants of the country;

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

The members chosen, Mr. R. H. Lee, Mr. J. Adams and Mr. Chase.

FOUR O'CLOCK, P. M.

The committee to whom was referred the motion for preventing an intercourse between the towns in the possession of the enemy and the inhabitants of the country, brought in a resolution for that purpose; which was agreed to as follows:

Whereas, it is of essential consequence to the general welfare that the most effectual measures should be forthwith pursued for cutting off all communication of supplies, or intelligence to the enemy's army now in, and near the city of Philadelphia; and whereas, it has been found, by the experience of all states, that, in times of invasion, the process of the municipal law is too feeble and dilatory to bring to a condign and exemplary punishment persons guilty of such traitorous practices:

Resolved, That any person, being an inhabitant of any of these states, who shall act as a guide or pilot by land or water for the enemy, or shall give or send intelligence to them, or in any manner furnish them with supplics of provisions, money, clothing, arms, forage, fuel, or any kind of stores, be considered and treated as an enemy and traitor to these United States; and that general Washington be empowered to order such person taken within thirty miles of any city, town or place in the states of Pennsylvania, Jersey or Delaware, which is, or may be in the possession of any of the enemy's forces, to be tried by a court-martial, and such court-martial are hereby authorized to sentence any such persons convicted before them of any of the offences aforesaid, to suffer death or such other punishment as to them shall seem meet.

This resolve to remain in force until the first day of January next, unless sooner revoked by Congress.

And, whereas, it has been represented to Congress, that many evil disposed persons, enemies to these United States, make a practice of passing to and from the enemy's quarters, propagating false intelligence, thereby to dispirit the people and aid the cause of our enemies,

Resolved, That it be recommended to all magistrates and officers, civil

VOL. II.

36