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 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 coinmissary 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 : New-Hampshire; Mr. Folsom, Massa'stis-Bay, Mr. S. Adams, Mr. Carroll, ay ay Maryland, ay no div. ay Connecticut, J. Adams, Williams, ay S.-Carolina, Mr. Heyward, Laurens, ay ay ay ay say 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 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, 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: 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, bis 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, 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, no no Carroll, no по F. L. Lee, Duer, no } Harnett, no no New-Jersey, Mr. Witherspoon, no Ino Pennsylvania, Mr. Roberdeau, ay ay |