A motion was made to strike out the whole article relative to the powers of the committee of the states, and instead thereof to substitute, "The committee of the states, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress, as the United States in Congress assembled, by the consent of nine states, shall from time to time think expedient to vest them with, provided no power be delegated to the said committee for the exercise of which, by the articles of confederation, the voice of nine states in the Congress of the United States assembled is requisite ;" and the question being put, resolved in the affirmative.

In the article respecting Canada it was moved to strike out the word "entirely" before "joining" and read "Canada acceding to this confederation and joining in the measures of the United States," resolved in the affirmative.

Ordered, That Mr. S. Adams, and Mr. J. Adams, have leave of absence to visit their families.

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

SATURDAY, November 8, 1777.

The committee to whom was referred the motion respecting the convention of Saratoga, brought in a report; which was read:

On motion, that the consideration thereof be postponed ;
New-Hampshire, Mr. Folsom,
Massa'stts-Bay, Mr. S. Adams, no

Rhode Island,

Connecticut,

New-York,

J. Adams,

ayay New-Jersey,

ay
no

Mr. Elmer,

Pennsylvania, Mr. Roberdeau,

ay Yay nor

no

no

Maryland,

Clingan,
Mr. Smith,
Rumsey,

a!} વધુ

Mr. Jones,

no

no

ay ay

ay

ay

ay S.-Carolina,

Mr. Laurens,

no n

Mr. Marchant,

Mr. Dyer,
Law,

So it was resolved in the affirmative.

FOUR O'CLOCK, P. M.

Congress resumed the consideration of the report brought in this morning: Whereupon,

Resolved, That major-general Heath be directed forthwith, to cause to be taken down the name and rank of every commissioned officer, and the name, former place of abode, occupation, size, age, and description of every noncommissioned officer and private soldier, and all other persons comprehended in the convention made between lieutenant-general Burgoyne and majorgeneral Gates, on the 16th day of October, 1777, and transmit an authentic copy thereof to the board of war, in order that if any officer, soldier, or other person, as above mentioned, of the said army, shall hereafter be found in arms against these states in North-America during the present contest, he

may be convicted of the offence, and suffer the punishment in such case inflicted by the law of nations:

That major-general Heath be directed to take the parole in writing of the officers according to the convention, and transmit authenticated copies of such paroles to the board of war.

Ordered, That the committee have leave to sit again.

A memorial from sundry officers of the Pennsylvania troops was read: Ordered, That it be referred to the board of war.

quar

Resolved, That general Mifflin be desired, notwithstanding his resignation of quarter-master general is accepted, to continue in the exercise of that office, and that he be invested with full powers to act until another ter-master general is appointed and enters upon the duties of the office. The committee on foreign applications reported a memorial and proposal from Mr. Fouquet and son, to continue in the service of the United States:

Ordered, That the same be referred to the board of war, and that they be empowered to enter into a contract with Mr. Fouquet and son, and engage them in the service of the United States.

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

MONDAY, November 10, 1777.

A letter, of the 60th, and one of the 31st of October, from gen. Gates at Albany, with one, of the 26th enclosed, from governor Clinton to gen. Gates: A memorial, from Mons. le Brun; and a letter, of the 8th, and one, of the 10th inst. from W. Buchanan, commissary-general of purchases, were read: Ordered, That the letter from governor Clinton be referred to the board of war; that the letters from gen. Gates and Mr. Buchanan, and the memorial from Mr. le Brun, be referred to the board of treasury.

Sundry depositions relative to the conduct of lieut. Reynolds, of one of the additional regiments, were read:

Ordered, That they be referred to gen. Washington, and that he be directed to cause a strict enquiry to be made into the conduct of lieut, Reynolds, as set forth in the said depositions, that if found guilty he may be punished as his crimes deserve.

Congress took into consideration a report of the board of war of the 6th; Whereupon,

Resolved, That the committee of foreign affairs be directed to write to the commissioners of the United States, in France and Spain, to purchase and ship, on continental account, in armed vessels, in addition to what has heretofore been ordered by Congress, 500 tons of lead, 400 tons of powder, one million of gun-flints, tents for 50,000 men, and 10,000 yards of flannel for cartridges, to be sent to such ports and places as the said committee shall direct; and that the former orders of Congress, and of the commercial committee for clothing, fire-arms, equipage, brass field-pieces, salt, and other articles, and for 130,000 blankets, be completed as soon as may

be:

That the committee be also directed to write to the commissioners, and instruct them to contract with, and send over, by different conveyances, two or three persons, well acquainted with the making of gun-flints, in order to instruct persons in that business, and introduce into these states so useful a manufacture; likewise, three or more proper persons, skilful in working lead-mines and refining lead-ore, and three or more persons, skilful in the discovery of sulphur-mines, and manufacturing and refining sulphur. Ordered, That the commercial committee, and the committee of foreign affairs, immediately report to Congress what orders they have transmitted to the commissioners of the United States, in France and Spain, for military

VOL. II.

41

supplies, designating what have arrived, and such as they are informed have been taken by the enemy, or have miscarried.

Resolved, That gen. Gates be authorized to order the deputy pay-master general to pay, upon the certificates of such officers as he shall think proper, the sums due to the officers and soldiers of the army, under his command, for rations or parts of rations, allowed to, but not drawn by them, respectively, provided the regulations of the commissary's department, relative to the payment of rations as aforesaid, be no longer dispensed with than gen. Gates shall judge necessary.

Ordered, That to-morrow be assigned for appointing a deputy commissary-general of purchases and a deputy commissary of issues in the western district.

FOUR O'CLOCK, P. M.

Sundry propositions being laid before Congress in addition to the articles of confederation:

Resolved, That a committee of three be appointed to take the same into consideration, and report such as they shall judge proper to be added to the articles of confederation, not changing or altering any of the articles already agreed on.

The members chosen, Mr. Law, Mr. R. H. Lee, and Mr. Duane.

A memorial from Mr. de Vernejour, was read:

Ordered, That it be referred to the board of war, and that they be directed to consider the merit and services of Mr. Fleury, and Mr. du Plessis, and report to Congress.

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

TUESDAY, November 11, 1777.

A memorial, from chevalier Dorset, and a memorial from the officers who accompanied Mr. du Coudray, were read :

Resolved, That a committee of three be appointed to take into consideration the applications of the commissioned and non-commissioned officers who accompanied Mr. du Coudray from France; to revise the report of the treasury and the resolutions of Congress thereon respecting those officers; and as soon as possible report to Congress what farther sums, if any, they shall apprehend it just and expedient Congress should grant them; that the said committee also take into consideration the memorial of the chevalier Dorset, and the applications of any other foreign gentlemen now attending Congress: The members chosen, Mr. R. H. Lee, Mr. Marchant, and Mr. Duane.

FOUR O'CLOCK, P. M.

The committee on the treasury brought in a report: Whereupon, Ordered, That a warrant issue on the treasurer in favor of John Brown, secretary to the marine committee, for 2000 dollars, for the use of the said committee, who are to be accountable:

That the president issue a warrant on Thomas Smith, esq. commissioner of the loan-office for the state of Pennsylvania, in favor of Matthew Irwin, agent to Joseph Trumbull, esq. late commissary-general, for 50.000 dollars, advanced in consequence of Mr. J. Trumbull's letter of the 14th of August, to enable him to pay his contracts for provisions, the said Joseph Trumbull to be accountable:

That a warrant issue in favor of Elijah Etting, for 426 60-90 dollars, for the payment of Joseph Simon's order, dated Lancaster, October the 29th last, in his favor, for blankets delivered brigadier-general Hand at Fort-Pitt, for the use of the hospital there, brigadier-general Hand to be accountable. The committee appointed to take into consideration the new articles pro

posed to be added to, or included in, the confederation, brought in a report which was read:

Ordered, That it be taken into consideration to-morrow morning.

Congress proceeded to the election of a deputy commissary-general of issues, for supplying the forts and posts on the western frontiers of Pennsylvania and Virginia, and the ballots being taken,

John Erwing was elected.

The president laid before Congress a copy of a resolution passed in Congress on September the 18th, ordering commissions to be granted to a number of officers in the department of the commissary-general of military stores, which was delivered to him by colonel B. Flower, C. G. M. together with the list of the officers, who, notwithstanding the resolution aforesaid, have not yet received their commissions;

Whereupon, Ordered, That commissions be granted to the following persons in the department of the commissary-general of military stores, with the dates annexed to their respective names, agreeably to the said list, viz. Of the company to work in the laboratory, inlisted to serve during the war as artillery men, Isaac Coren, captain, February the 1st, 1777; Will. E. Godfey, captain-lieutenant, July the 1st, 1777; Anthony Wright, firstlieutenant, March the 1st, 1777; Andrew Caldwell, second-lieutenant, April the 1st, 1777:

Of the company of artillery artificers, inlisted during the war, to be attached to the artillery in the field, Jesse Roe, captain February the 3d, 1777; Valentine Hoffman, captain-lieutenant February the 12th, 1777; Christian Beackly, first-lieutenant February the 3d, 1777; and Will. Preston, second lieutenant April 7, 1777.

Of the companies of artillery artificers, inlisted to serve for one year, and ordered to be re-inlisted to serve during the war: Nathaniel Irish, captain, February 7th, 1777; Thomas Wylie, captain lieutenant, February 17th, 1777; George Norris, first-lieutenant, February 8th, 1777; James Sweiney, second lieutenant, February 22d, 1777; David Pancoast, captain, February 10th, 1777: John Jordan, captain-lieutenant, February 17th, 1777; James Gibson, first-lieutenant, February 17th, 1777:

Jonathan Gostelow, major, commissary of military-stores, February 1st, 1777; Joseph Watkins, major, commissary of ordnance-stores, February 5th, 1777; Wollory Ming, captain, superintendent of leather manufactory, April 1st, 1777; Samuel Sergeant, superintendent of the public works at Carlisle, and keeper of all the stores, August, 1777, his pay 60 dollars a month and 4 rations a day:

Charles Lukins, major, commissary of military-stores and pay-master to the commissary-general of military-stores in the department at Carlisle, March 8th, 1777, his pay 60 dollars a month and 4 rations a day:

Johnson Smith, contractor and procurer of all the lumber and some other materials wanted for the public works at Carlisle, July 21st, 1777, pay 60 dollars a month and 3 rations a day:

Cornelius Sweers, assistant-commissary of military-stores at Philadelphia, February 1st, 1777:

Alexander Power, quarter-master to the corps of artillery artificers at Carlisle, July 30th, 1777, same pay and rations as regimental quarter-master: Samuel French, major, commissary of military-stores, January 18th, 1777, with the army:

George Everson, captain, deputy commissary of military-stores, January 18th, 1777:

Alexander Henderson, captain deputy commissary of military stores, September 10th, 1777.

A memorial, from Thomas Hite, administrator of the estate of Jacob Hite, deceased, in behalf of the heirs of the said deceased, was read:

Ordered, That it be referred to the board of treasury.
The several matters to this day referred, being postponed,
Adjourned to ten o'clock to-morrow.

WEDNESDAY, November 12, 1777.

A letter, of the 8th, from general Washington, at White-Marsh, enclosing a copy of a letter from general Dickinson; one, of the 31st of October, from general Heath; also, a letter of the 30th of October, from Ebenezer Hancock; and one, of the 16th of October, from J. Bradford; were read:

Ordered, That the letters from general Washington and E. Hancock be referred to the board of treasury; and that the letter from J. Bradford be referred to the committee of commerce.

Resolved, That a copy of general Heath's letter of the 31st of October be transmitted to the general assembly of the state of Massachusetts-Bay, who are requested to afford Samuel Allen Otis, esq. agent of the clothier general in the said state, the necessary assistance for procuring the clothing mentioned in the said letter, and for having it made up for the army, who are in great want thereof.

An order drawn on John Hancock, esq. president of Congress, by George Morgan, in favor of Sampson Matthews, dated October the 1st, 1777, was presented to Congress :

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

Congress took into consideration the articles proposed to be added to the confederation; Whereupon,

Resolved, That the following be included:

Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress :

The members of Congress shall be protected in their persons from arrests and imprisonments during the time of their going to, and from, and attendance on, Congress, except for treason, felony or breach of the peace. Adjourned to four o'clock.

FOUR O'CLOCK, P. M.

The board of treasury brought in a report; Whereupon,

Ordered, That Jonathan Trumbull, esq. transmit to Congress a certificate from Mr. Cuyler, deputy commissary-general of purchases for the northern district, specifying the sum supplied the latter from the military-chest, and that the board of treasury be authorized thereupon to credit Mr. Trumbull for the said sum, and charge it to the commissary-general of purchases.

Ordered, That a warrant issue on Nathaniel Appleton, esq. commissioner of the continental loan-office in the state of Massachusetts-Bay, in favor of Dr. William Shippen, director-general of the hospital, for 67,000 dollars, for the use of his department, and for which he is to be accountable:

That a warrant issue on Nathaniel Appleton, commissioner of the continental loan-office in the state of Massachusetts-Bay, in favor of William Buchanan, commissary-general of purchases, for 200,000 dollars for the use of the eas tern department; and that another warrant issue on the continental treasurer in favor of the board of war for 200,000 dollars, to be by them transmitted to the deputy commissary-general of purchases for the northern de partment; that one other warrant issue on the treasurer in favor of the board of war, for 200,000 dollars, to be by them transmitted to the deputy commissary-general of purchases in the southern district; for which three sums, amounting to 600,000 dollars, the said William Buchanan, esq. com. missary-general of purchases, is to be accountable.

Congress resumed the consideration of the articles proposed to be added to the confederation; Whereupon,