MONDAY, February 9, 1778.

Mr. Nathaniel Scudder, a delegate from New-Jersey, attended, and took his seat in Congress.

A letter, of this day, from John de Kermovan, colonel, was read, desiring to be promoted to the rank of brigadier, and intimating his desire to quit the service, if his request is not granted; Whereupon,

Resolved, That Congress do not think it consistent with the good of the service to promote col. Kermovan to the rank of brigadier, and that the committee on foreign applications inform col. Kermovan that Congress have no farther occasion for his service.

A letter, of January the 11th, from major-general Arnold, at Albany, with sundry papers enclosed, was read:

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

A letter, of January the 15th, from H. Marchant, at South-Kingston, state of Rhode-Island, was read:

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

A letter, of January the 26th, from gov. Livingston, of New-Jersey, dated at Morristown, was read.

The committee of commerce laid before Congress sundry letters, which were read and returned to the said committee; Whereupon,

Resolved, That the committee of commerce be empowered and directed to write to the commissioners at the court of France, desiring them to appoint one or more suitable persons to be commercial agents for conducting the commercial business of the United States in France and other parts of Europe.

Resolved, That it be recommended to the supreme executive powers of every state, to give attention to the conduct and behaviour of all continental officers, civil or military, in the execution of their respective offices; that the said executive powers be authorized to suspend from pay and employment, for misbehaviour or neglect of duty, within their respective states, any officer of the staff or other civil officer aforesaid, not immediately appointed by Congress, and to make a temporary appointment in his place, if necessary, and to remove such of the said civil officers as shall appear to be supernumerary, forthwith reporting in either case their proceedings to Congress: that in case of any reprehensible conduct in any other officer of the United States, it be recommended to the executive powers aforesaid, to enquire into the circumstances of the case, and if, in a civil officer appointed by Congress, to transmit an account thereof to Congress; if in a military officer, to lay the same as soon as possible before the commander in chief or commanding officer of the department.

Resolved, That it be recommer.ded to the legislatures of the several states, to enact laws for the most speedy and effectual recovery of debts due to the United States of America.

Resolved, That the president write to Mr. J. Wadsworth, and request him to attend Congress on matters of consequence:

That the board of war be directed forthwith to enquire into the causes of the deficiencies in the department of the commissary of purchases, and report to Congress.

Adjourned to ten o'clock to-morrow.

TUESDAY, February 10, 1778.

Resolved, That the board of war be directed to enquire into the conduct of all strangers of suspicious characters, or whose business is not well known and approved, who may come to the place where Congress sits, and to take care that the public receive no damage by such persons.

A report from the board of war, on the department of the commissary

general of military stores, was laid before Congress, and after some time spent thereon,

Adjourned to three o'clock.

THREE O'CLOCK, P. M.

Congress proceeded to consider farther the report of the board of war, on the department of the commissary-general of military stores ; but, not having time to go through the same,

Resolved, That the consideration thereof be postponed till to-morrow. Resolved, That another chaplain be chosen for the hospital in the middle department: the ballots being taken, the Rev. James Sprout was elected. The delegates from North-Carolina laid before Congress a resolution of the general assembly of that state, recommending col. Jethro Sumner and col. Thomas Clark, of the North-Carolina forces, to be elected brigadiers. A letter, of February 8th, from captain Bedaulx, was read. Adjourned to ten o'clock to-morrow.

WEDNESDAY, February 11, 1778.

A letter, of the 6th, from the board of war, was read:
Ordered, That it be referred to the board of treasury.

A letter, of the 10th, from major John Clark, was read, mentioning his acceptance of the office of auditor, to which Congress has been pleased to appoint him.

A petition from col. John Chandler, of the continental forces, was laid before Congress and read, setting forth, that "he labors under a disorder which renders him unable to do his duty in the field," and expressing his apprehension "that the fatigues of the camp will prove fatal to him," and therefore praying "that he may have leave to resign his commission:" Whereupon, Resolved, That col. J. Chandler have leave to resign his commission. The committee on the treasury brought in a report; Whereupon, Ordered, That a warrant issue on the treasurer in favor of Mons. Fleury, for 200 dollars, for the payment of a horse, and in lieu of one he had killed in the public service, and that this sum be paid to John Penn, esq.

That a warrant issue on the treasurer in favor of John Gibson, esq. auditorgeneral, for 13,000 dollars, to enable him to discharge the residue of a warrant of the 1st of September last, in favor of the delegates of Georgia; he to be accountable.

That a warrant issue on the treasurer for 126 60.90 dollars, in favor of J. B. Smith, esq. the amount of his account of pay and rations as muster-master general of the flying camp and militia in 1776, as settled by John Wilcocks and Peter Chevalier, esqrs. a committee appointed by Congress for settling the militia accounts.

A letter, of the 29th of Jan. from William Aylett, esq. to William Buchanan, commissary-general of purchases, was laid before Congress, and read: Ordered, That it be referred to a committee of three: the members chosen, Mr. F. L. Lee, Mr. Lovell, and Mr. Penn.

The committee to whom the letter of the 2d from major-general Gates was referred, brought in a report, which was taken into consideration; Whereupon, Congress came to the following resolution:

Whereas, gen. Gates has hitherto retained his aids-de-camp and secretary in his family, having expectations in a short time again to take the field; and whereas, the removal of his family to York-town, and their manner of living in a public house, has been unavoidably very expensive, before he could procure a house for them:

Resolved, That a warrant issue on the treasurer, payable to gen. Gates, for 1333 1-3 dollars, in order to reimburse his extraordinary expenses incurred in the public service.

Congress resumed the consideration of the report of the board of war, on the department of the commissary-general of military stores; Whereupon, Resolved, That there shall be one commissary-general of military stores, whose business it shall be to receive and deliver all arms, ammunition, and accoutrements, of every species and denomination; to provide and contract for all such articles as may be wanted in this department, according to the direction he shall receive from the board of war and ordnance; to receive and collect returns from all the different states where there are any continental arms and stores, draw them into one general return, and, on the first day of every month, deliver one to the board of war and ordnance:

In case of vacancy, occasioned by death, resignation, or otherwise, of any of the commissaries, commissaries' deputies or conductors, which may happen in any department near to where the commissary-general may be, he shall have permission to fill such vacancy, pro tempore, until it shall be confirmed or disapproved by Congress :

All moneys to be drawn on account of military stores, to be, by application of the commissary-general or his deputies, to the board of war and ordnance; and all moneys so drawn to be accounted for by him once in every six months to the board of treasury, or to such auditors or commissioners as the said board shall direct. All commissaries, deputy commissaries, or conductors, who may have money advanced them by the commissary-general for the use of their several departments, to keep regular accounts, and produce vouchers and receipts for the sums paid, and account for the same to the commissary-general once every month, or as often as called for.

All continental armourers shall be under the direction of the board of war and ordnance, and of the commissary-general of military stores; the armourers to receive from the said commissary all arms to be repaired, make returns of the state of repairs when demanded, and deliver the arms when repaired into his store: the principal armourer or armourers at each and every armoury to be accountable for all such arms as he or they shall receive, until they are repaired and delivered to the commissary-general, his deputies or assistants; and the said commissary-general shall see that every method is taken by the armourers to hasten the repairs of the arms; the principal armourers to receive money from the commissary-general for the contingent expenses of their departments, and the commissary-general shall produce their accounts and vouchers at the adjustment of his accounts:

That there be as many deputies, assistants, commissaries, deputy commissaries, conductors, and clerks, as the exigency of the service shall require, to be appointed by the board of war and ordnance; and the said board are, from time to time, to report all such appointments to Congress :

That the pay of officers in the department of the commissary-general of military stores, be as follows:

Commissary-general 100 dollars per month, and six rations a day; deputy commissaries-general, of which there shall be one in each military division of the states, each 75 dollars per month, and five rations per day:

The commissary-general shall be allowed forage for two horses; his deputies, assistants, commissaries and conductors, to be allowed forage for one horse each; and the captains of the artillery-artificers, respectively, when duty requires their travelling to collect materials; to have forage for one horse :

That, for the future, no rank be annexed to the officers in this department, except they belong to the regiment of artillery-artificers; and then their rank only to take place as officers of that corps; the pay also which they re

ceive, as officers in that regiment, to be included in the pay herein settled for the officers of the commissary-general's department:

That a return be made to the board of war and ordnance, once every month, of all officers employed in the civil branch of ordnance and military stores. All commissaries, deputy commissaries, conductors, and clerks, who shall have the separate charge of any stores, are, on the first day of every month, to make out an exact return of all cannon and military stores, of every species and denomination, one copy whereof they shall transmit to the commissary-general, who is to put them into one general return, as heretofore directed, and one other copy thereof the said commissaries, deputy commissaries, conductors and clerks, are to send to the board of war and ordnance.

All the artillery-artificers that are or may be employed at any armouries, laboratories, founderies, or military magazines, (those employed with the army in the field excepted) shall be under the immediate direction and subject to the orders and command of the commissary-general, or the officer directed by him to take charge of the same.

The quarter-master general, his deputies and assistants, shall give the commissary-general every assistance of teams for the removal of public stores, and in case there be no quarter-master in the department or place from whence the stores are to be removed, the commissary-general shall have power to procure teams in the way and manner that will best promote the public service.

All officers, artificers, and others, in the ordnance and military department shall be governed by the rules and articles of war, in the same manner as other officers in the artillery of the United States.

The commissary-general shall give such forms or returns and instructions to his deputies, assistant commissaries, conductors, &c. as the service and situation of their department shall require; and all officers in this department are to attend to such orders and instructions as they shall receive, from time to time, from the board of war and ordnance or the commissary-general. All regulations incidental to the department, and not enlarging the powers and authorities here given, shall be settled and made by the board of war and ordnance.

The board of war and ordnance shall transmit, from time to time, as the service shall render necessary, transcripts of all returns received from the commissary-general of military stores, and also accounts of all ordnance and stores under their care, or belonging to the United States, and the places where the same are deposited, to the commander in chief of the armies of the United States, in order that he may make such requisitions of supplies for the army under his immediate command, or for the separate departments, as he shall think proper, and give such advice and directions as to the disposition of them, as circumstances may, from time to time, require.

The commanding officer of artillery, for the time being, in the grand army, with the chief engineer, commissary of artillery, and eldest colonel of artillery in camp, or such of them as are present with the army, shall be a subordinate board of ordnance, under the direction of the commander in chief or the board of war and ordnance, for transacting all business of the ordnance department, necessary to be done in the field, and to have the care of all ordnance and stores at camp; and in case of sudden exigency, the commissary-general of military stores shall be obliged to obey their directions as to any supplies wanted by the army out of the stores not in camp; and the said board shall correspond with, and report their proceedings to, the board of war and ordnance, from whom they are to receive any necessary assistance.

Resolved, That the pay of col. Benjamin Flower's corps of artillery-artificers shall be, for all those who engage to serve the United States as such,

for three years, or during the war, 20 dollars month, besides the same bounty, clothing, and every other benefit allowed by Congress to the continental artillery; the officers the same pay as others of equal rank in the continental artillery; and that col. Flower augment the four companies ordered to be raised in January last, add other companies to the said regiment, and, if necessary, increase the pay of officers and men in the same, agreeable to such orders as have been given for that purpose by gen. Washington; and that he be required forthwith to transmit a copy of such orders to Congress.

That if the exigency of the service makes it necessary to employ, at any time or place, more artificers than the commissary may have inlisted or can inlist, then he, his deputies or assistants, may engage them, for the time of such necessity, on the most reasonable terms possible, with the approbation of the board of war and ordnance.

Resolved, That col. Flower receive the pay and rations of a colonel from the 16th of July, 1776, to this 11th day of February, 1778.

Resolved, That a commission of captain in col. Flower's regiment of artillery-artificers be granted to Wollory Meng, dated the 1st of April, 1777:

That captain-lieutenant Thomas Wylie be promoted to the rank of captain of an additional company to be raised in the said regiment of artillery artificers, his commission to be dated the 1st of February, 1778.

Resolved, That the board of war and ordnance be empowered to make a contract with Mr. Byers, as superintendent of a foundery of brass cannon. Resolved, That capt. Ferdinand de Brahm, who has heretofore acted as an engineer in the state of South-Carolina, be appointed an engineer in the continental establishment, with the rank of major in the armies of the United States.

Resolved, That Nicholas Rogers, esq. aid-de-camp, have a commission of major, to rank from the 12th of May, 1777, in the service of the United States. On motion, Resolved, That a warrant issue on the treasurer for two months' pay, to be advanced to col. Thomas Hartley, for his regiment, now in York-town.

Resolved, That the board of war be directed to take the most proper mea sures for recruiting colonel Hartley's regiment.

A letter, from Mons. Kermovan, was read:

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

Adjourned to ten o'clock to-morrow.

THURSDAY, February 12, 1778.

A letter, from Mons. de Roche Fermoy, was read:

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

A letter, of the 9th, from John Purviance, was read, desiring leave, on account of the situation of his family, to resign his office of manager of the United States' lottery.

Resolved, That he have leave to resign.

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

A letter, of the 11th of January, from gov. Caswell of North-Carolina, enclosing sundry resolutions of the general assembly of that state, was read: Ordered, That the letter be referred to the board of treasury.

A letter, of the 10th, from the board of war, was read.

The committee appointed to take into consideration the letter of the Sd, from the supreme executive council of the state of Pennsylvania, to the delegates of the said state, and the proceedings of the board of war upon the resolution of Congress of the 15th of January, for laying up magazines of flour for the use of the army, brought in a report, which was taken into consideration Whereupon,

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