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That there is due to James Warren, esq.

for the


due to him as paymaster general, from the 4th of May to the 15th of June, 1776, being 42 days, at 1200 dollars per annum, 138 6 dollars, which sum should be paid by a warrant from the president on the loan-office of the state of Massachusetts-Bay.

Ordered, That the said warrants be drawn, and sums paid accordingly. The board of war brought in a report, which was taken into consideration ; Whereupon,

Resolved, That no officer already appointed, or to be hereafter appointed, in the army of the United States, shall take rank by virtue of a commission antedated, but rank shall be determined by the time of appointment, unless otherwise directed by special resolution of Congress.

Resolved, That it be recommended to the legislatures, and, in their recess, to the executive powers of the respective states, that they forth with transmit to the board of war, exact lists of all officers appointed by them in the continental army, with the dates of their commissions and times of appointment.

Ordered, That major-general St. Clair repair to Ticonderoga, and serve under general Gates; and that previous to his setting out, he repair immediately to Philadelphia, and there wait the farther orders of Congress.

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

WEDNESDAY, April 2, 1777. A letter, of the 31st of March, from general Washington, and one, of the 19th of the same month, from the chevalier de Preudhome de Borre, were read.

Ordered, That the letter from the general be referred to the board of war.

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

Resolved, That the pay-master, and deputy pay-master general, at the end of every month, after the first day of May next, shall make up rolls, containing the names of the general and other officers of the army, to which they respectively belong, who are not comprised in the regimental abstracts, excepting only the commander in chief of the several departments, who shall respectively examine such rolls, and issue their warrants on the

pay-master or deputy pay-master general, for the sums due on the same.

That the commanders in chief of the several departments be directed to order payment to such officers and detachments of the army, as shall, at any time, be ordered to other departments, to be made to the day of their marching or leaving the camp, and that certificates be given by the respective paymaster or deputy pay-master general, mentioning the names of such officers and corps, together with the time to which they are paid, which certificates shall be delivered by the commanding officer of the respective detachments, or by such officers as shall be ordered without detachments, to the pay-master or deputy, pay-master general of the department to which they are ordered, to enable him to examine and make up their future rolls and abstracts.

The committee appointed to confer with generals Gates and Green, brought in a report, and desired leave to sit again.

Ordered, That they have leave, and that Mr. J. B. Smith be added to the said committee.

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

Colonel Ebenezer Learned was chosen.

Ordered, That a copy of the letter, this day received from general Washington, be sent to the council of Pennsylvania and to the governors of Delaware, Maryland and Virginia, and that governor Johnson, of Maryland, be requested to give orders for the immediate removal of the powder and mili

tary stores at Annapolis to the town of Frederick, in Maryland, and the powder and military stores at Baltimore, to the town of Carlisle, in Pennsylvania, and take measures to have this done with all possible expedition.

Congress resumed the consideration of the report of the medical committee on the hospital, and, after debatę,

Ordered, That the same lie for farther consideration.

Ordered, That a committee of three be appointed to revise Dr. Shippen's plan for regulating the hospital, and report thereon.

The members chosen, Mr. Gerry, Mr. Burke and Mr. J. Adams.

Ordered, That Mr. Sergeant have leave of absence, to visit his family. · Ordered, That the board of war grant such reward, as they judge proper, to the pilots who discovered and informed against James Molesworth.

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

FRIDAY, April 4, 1777. Mr. Sykes, one of the delegates from Delaware, attended, and produced the credentials of his appointment, which were read as follows:

“In Council, February 22, 1777. " Whereas Nicholas Van Dyke and James Sykes, esqrs. have been chosen, by joint ballot of both houses in the general assembly, to represent the Delaware state in the Continental Congress, in the room and stead of John Dickinson and John Evans, esqrs. Resolved, That they, together with George Read, esq. or any one or more of them, are hereby fully authorized and empowered, for and in behalf of this state, to concert, agree to, and execute any measure, which they or he, together with a majority of the Continental Congress, shall judge necessary, for the defence, security, interest, and welfare of this state in particular, and America in general, with power to adjourn to such times and places, as shall appear most conducive to the public safety and advantage. Sent for concurrence. Eodem die, in assembly, read and concurred. “ Extract from the minutes,

“SLATOR CLAY, Clerk of the Council.Brigadier Armstrong having requested leave to resign, and, for that

purpose, enclosed bis commission,

Ordered, That he have leave, and that his resignation be accepted.

A remonstrance and petition from sundry persons in York-Town, in Pennsylvania, was read.

Ordered, That the same, together with the papers enclosed, be referred to the board of treasury.

Ordered, That the board of treasury settle the accounts of colonel Hand, who is promoted to the rank of brigadier, in order that he may deliver up his regiment, and enter upon the duties of his new office as soon as possible.

The secret committee having, by direction of Congress, in their resolve of the first of December last, appointed Messrs. Abraham Livingston and William Turnbull, agents, to repair to the eastern states, for the purpose of purchasing and collecting clothing for the use of the army, which business they have assiduously performed, and for which purpose, the said committee advanced to the said agents 20,000 dollars at the time they set out, and the farther sum of 120,000 dollars, granted to them for that purpose, the 15th of February last, as appears by the order of Congress of that date, and the receipts of these two sums are acknowledged by the said agents, in their letters dated the 19th and 22d of March last: It also appearing, that the said agents have drawn sundry bills on the said comunittee, which are not yet paid : and whereas, general Washington, agreeably to the powers vested in him by VOL. II.


Congress, has lately appointed James Mease, esq. clothier-general for the American


whose business it now is to settle and adjust all accounts respecting the clothing of the army; therefore,

Resolved, That the secret committee be credited in the treasury books for 140,000 dollars paid by them to the said Messrs. Abraham Livingston and William Turnbull, and that the same be charged to James Mease, esq. who is to settle all accounts, with the said agents, respecting the business in which they have been employed, and to pay the draughts they have drawn, or may rightfully draw on the said committee, or on him as clothier-general, and that he also be empowered to make them reasonable compensation for their services.

The committee appointed to confer with general Green, brought in a farther report, which was taken into consideration ; Whereupon,

Resolved, That there be one commissary-general of musters for the army of the United States :

That there be four deputy muster-masters general:
That the said appointments be made by Congress :

That one deputy muster-master be appointed to each grand division of the army, and that these appointments be made by the commander in chief:

That the troops be mustered, once in every month, by the deputy mustermasters, and once, at least, in every three months, the deputy muster-master general of each department shall superintend at such muster:

That, in mustering, particular attention be paid to the clothes, arms, accoutrements, and pay of the troops, and a report made to the commanding officer of the department, of neglect or deficiency:

That, on every muster, five rolls be made out by the captain or commanding officer of every company or troop, sworn to and signed by him and one other commissioned officer; one of which rolls shall be returned to him, certified by the officer of musters, one other shall be transmitted to the board of treasury, one to the pay-master general of the department, and one to the regimental pay-master, to be affixed to the pay-rolls :

That the deputy muster-master general of each department, return an abstract of each muster-roll once a month, to the deputy adjutant-general of that department, and one other abstract to the commissary-general of musters :

That the commissary-general of musters return to the adjutant-general, once a month, an abstract of all the musters, regimentally digested, together with an abstract of the rations drawn or retained by the several regiments :

That the issuing-commissaries be obliged to deliver monthly to the commissary-general of musters, an abstract of the rations drawn or retained by the several regiments :

That the adjutant-general be ordered to send monthly to the board of war, a copy of the abstracts, which he received from the commissary general of musters, together with an abstract of the returns of the army :

That the pay of the commissary-general of musters be 60 dollars a month, and 4 rations a day:

That the pay of the deputy muster-master general be 50 dollars a month, and 3 rations a day : That the

pay of a muster-master be 35 dollars a month, and two rations a day :

That the board of war send to the board of treasury, copies of the abstracts of rations that may be included in the adjutant-general's returns.

Ordered, That Monday next be assigned for the appointment of the commissary-general of musters, and deputy muster-masters general.

Resolved, That every officer, commanding a regiment, troop, or company, who shall, upon notice given to him by any officer of musters, refuse or neglect to assemble the regiment, troop, or company, under his command, shall, on proof thereof, before a general court-martial, be cashiered.

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A letter, of the 18th of December last, from George Galphin, was read:

Ordered, That the same, with the papers enclosed, be referred to the committee on Indian affairs.

Resolved, That the body of militia, applied for to the state of North Carolina, during the last winter, by the state of South-Carolina, then under apprehension of an invasion from the enemy, be considered as part of the 5000 militia, recommended by Congress to be embodied by the state of NorthCarolina, for the assistance of South Carolina or Virginia, as occasion might require, and that the expense, thereby accruing, be defrayed out of the continental treasury.

Resolved, That all captures made, or to be made, by vessels bearing commissious, issued by the president of South Carolina, previous to this 4th day of April, be considered as valid, as if made under continental commissions, and that a copy of this resolve be transmitted to each of the United States, as a law in any prize-cause, which may be depending or instituted in any of the courts therein, and to secure the condemnation of vessels taken under such commissions, Congress having been made acquainted, that Mr. President Rutledge has granted commissions for letters of marque and privateers, for want of proper information, that by a former resolve of Congress such commissions were to be granted by Congress only:

Resolved, That the invitation given, at the desire of Mr. President Rutledge by Mr. Galphin, to the Creek Indians, to form a Congress in the ensuing spring, be approved ; that the state of South-Carolina be reimbursed the expenses, which may attend such meeting, and that Mr. Gal phin do use his endeavours to persuade some of the Creek chiefs to attend him to Philadelphia, and that Congress will defray the charges of their journey.

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

Resolved, That blank commissions be sent to Henry Fisher, of Lewistown, with orders, to raise, on the continental establishment, an independent company, for the safeguard of the pilots and the persons and goods of other well affected inhabitants and subjects of these states, residing, or being Dear Lewistown and the coasts of Delaware-bay ; and that Mr. Fisher be informed, that if he chooses to accept the command of the company, Congress will confirm him therein ; but, if he should decline the acceptance thereof, that he be desired to nominate a proper person to fill that station, and in either case, that he nominate the subalterns.

Resolved, That the managers of the lottery of the United States be empowered to order monies, arising from the sales of tickets in those states, where there are no commissioners of the loan-office, to be paid into the treasury of such state, the said state to be accountable.

That the managers of the lottery of the United States be authorized to defer the drawing of the said lottery, if they find it necessary.

The committee on the treasury reported,

That there is due to James Smythers, for a copper-plate and planishing, made by David Cummings, for the purpose of printing the loan-office certificates, and engraving the same, 37.60 dollars.

To Gerard Hopkins, for 26 cloak-pins, and putting them up, for the use of Congress, at Baltimore, 3.24 dollars.

That R. R. Livingston, R. T. Paine and J. Langdon, esqrs. a committee of Congress, who, in November, 1775, repaired to Ticonderoga, expended on the journey 510.434 dollars, for which they ought to have credit, together with the sum of 101 dollars, returned by Mr. Paine into the hands of John Gibson, esq. the auditor-general, with which he is to be charged.

Ordered, That the said sums be paid, and the said credit and debit made accordingly.


A letter of this day from colonel B. Flower, commissary-general of military stores, was read:

Ordered, That it be referred to the board of treasury.
The committee on the hospital, brought in a report, which was read :
Ordered, That the consideration thereof be postponed till to-morrow.
The several matters to this day referred, being postponed,
Adjourned to ten o'clock to-morrow.

SATURDAY, April 5, 1777. A letter, of the 2d, from gen. Washington, enclosing a copy of one of the 29th of March, from brigadier M Dougal, giving an account of the enemy's attack on Peek's kill, was read.

Ordered, That the baron de Arendt, colonel of the German battalion, pair immediately to head-quarters.

Ordered, Thår two months' pay be advanced to colonel de Arendt, he to be accountable.

Ordered, That 1000 dollars be advanced to the delegates of Connecticut, and charged to the account of that state.

Whereas, the general assembly of the state of Rhode-Island and Providence Plantations did, at their session in October last, pass a resolve, empowering the governor to grant commissions or letters of marque and reprisals to private vessels of war, giving such instructions, and taking such bonds, as should be agreeable to the resolutions of Congress, until commissions could be procured from Congress:

Resolved, That acts done under such commissions, as have hitherto been granted by the governor of the said state, by virtue of the said resolve, be of the same force and validity, as if they had been granted by Congress, under the signature of the president.

That it be recommended to the governor of the state aforesaid, not to grant any more commissions, to recal such as he may have issued, and to deliver out continental commissions in their stead.

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

Resolved, That the case of Dr. Connolly be committed to the supreme executive council of the state of Pennsylvania; and that it be recommended to them, to examine into the matter, and, if they think proper, to indulge the prisoner with such liberty as they shall conceive to be consistent with the public safety.

Ordered, That 2000 dollars be advanced to Carpenter Wharton, for the public service, he to be accountable.

Congress took into consideration the report on the hospital, and, after some time spent thereon,

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

The committee on the treasury reported,

That there should be paid to the state of South-Carolina, the sum of 300 dollars, being so much received of the said state by Jacob Morris, aid-decamp, for account of general Lee, the general to be charged with the same.

That there is due to captain Matthew Duncan, for his pay from the 5th of January, 1776, to the 5th of January, 1777, being 12 months, at £10 a month, £120; for his rations, from the 25th of September, to the 5th of January; being 101 days, at three rations a day, 303 rations, at 8d, £ 10 2; and for his arms and accoutrements, lost at the attack on Quebec, at which time he was a volunteer, £ 8, the whole being £ 148. 2, dollars at 7s 6, is 394 4 dollars.

That there should be paid to Lowman & Hubly 6000 dollars, being so much borrowed of them, by lieutenant-colonel Antil, for the use of colonel Hazen's regiment, and for which colonel Hazen is to be accountable.

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