Ordered, That it be referred to the committee appointed to enquire into the causes of the evacuation of Ticonderoga, &c.

A memorial from Mons. de la Balme, was read:

Ordered, That the consideration thereof be postponed.

A letter, of the 6th, from Thomas Cushing, was read, enclosing a bill drawn by him on Mr. Henry Laurens, president of the marine committee, in favor of Andrew and James Caldwell, for 13,359 dollars:

Ordered, That it be referred to the marine committee.

A petition from the rev. Mr. Daniel Batwell, was read, setting forth, "that by means of his confinement, he is languishing under a dangerous disorder," and praying" to be enlarged on parole, or on giving security, or both, an indulgence which he requests for the sake of his private affairs and the reestablishment of his health :"

Also, a certificate from Dr. Henry, was read, testifying, "that the petitioner labors under a complication of disorders, and that clear air and gentle exercise are absolutely necessary for his recovery :"

66

Whereupon, it was moved, that the petitioner be allowed to go to his farm, giving his parole to hold no correspondence with the enemies of the United States, nor to do any thing whatever to the prejudice of the American cause, there to remain till further orders;

So it passed in the negative.

Resolved, That, in the opinion of Congress, the rev. Mr. Batwell should be discharged from confinement, on taking an oath of allegiance to the state of Pennsylvania; or, on his refusal, that he should be allowed to go with his family into the city of Philadelphia.

THREE O'CLOCK, P. M.

The committee on the treasury brought in a report: Whereupon,

Ordered, That 400 dollars be advanced to gen. Conway, on account of his pay, and that the same be delivered to major Mullen; gen. Conway to be accountable:

That 400 dollars be advanced to the rev. John Hurt, on account of his pay as chaplain of brigadier Weedon's brigade; he to be accountable:

That 60 dollars be paid by John Gibson, auditor-general, to Francis Minnis, lieutenant in captain Lewis's company of the first Virginia regiment, commanded by col. Hendricks, for which sum the said colonel is to be accountable:

That 50,000 dollars be advanced to the board of war, to be by them transmitted to Benjamin Harrison, jun. deputy pay-master general in Virginia, for the use of his department, and for which he is to be accountable:

That a warrant issue on Thomas Smith, commissioner of the loan-office in the state of Pennsylvania, in favor of col. W. Buchanan, commissarygeneral of purchases, for 50,000 dollars, for the use of his department; the said commissary-general to be accountable:

That 47,813 25-90 dollars be paid to Mons. Rouilhac, in discharge of the principal and interest of a bill drawn by Abraham Livingston and William VOL. II.

49

Turnbull, dated Boston the 17th of June last, in favor of capt. Pierre de Campe, for value received of James Price, in sundry merchandise for public service, which bill is directed to the hon. Robert Morris, chairman of the secret committee of Congress, and for payment, to apply to James Mease, clothier; for which sum the said clothier-general is to be accountable.

Congress resolved itself into a committee of the whole, to consider farther the report of the committee on the letters that passed between gen. Heath and lieutenant-general Burgoyne, relative to the resolution of Congress of the 8th of November, and the letter from gen. Burgoyne to gen. Gates, of November 14th, 1777, and, after some time, the president resumed the chair, and Mr. F. L. Lee reported, that the committee have had under their farther consideration the report to them referred, and have come to two resolutions thereon, which he was ready to report:

Ordered, That they be now received:

The resolutions agreed to by the committee of the whole being read,
Ordered, That the consideration thereof be postponed to Monday.
The several matters to this day referred, being postponed,

Adjourned to ten o'clock on Monday.

MONDAY, December 29, 1777.

A letter, of the 3d, and two, of the 4th of November, from general R. Howe at Charleston, South-Carolina, were read:

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

The delegates from the state of Virginia laid before Congress a resolution of the two houses of the general assembly of that commonwealth, passed December 12th, 1777, empowering any two of their delegates, from that time until the end of two months' after the expiration of that session of the general assembly, to represent the state in Congress.

Resolved, That the committee on the letters of the 22d and 23d from general Washington, be discharged; and that the said letters be committed to the board of war, and that the said board, in conjunction with Mr. Harnett, Mr. Gerry and Mr. Clark, be fully empowered to take the necessary measures for supplying the army with provisions and other necessaries.

A letter from major Dennis John du Bouchet, was read, wherein he represents, that his bad state of health obliges him to quit the service and return to France, and praying for a certificate of his past services and the reason of his return to France; intimating, at the same time, some embarrassment with regard to his finances.

Ordered, That a certificate be granted to him, and that his letter be referred to the board of treasury.

The committee on the treasury brought in a report; Whereupon,

Ordered, That 300 dollars be advanced to Richard Ross, express-rider, in part of his demand for services to the 16th of October last; he to be accountable:

That 30 44-90 dollars be paid to Monsieur Rouilhac, being so much short charged by him in his interest account on Livingston and Turnbull's bill of June the 17th, in favor of captain Pierre de Campe, and that the same be charged to the clothier-general:

That a warrant issue on John Lawrence, commissioner of the loan-office in the state of Connecticut, in favor of James Stevenson, one of the commissioners of accounts for the eastern department, for 600 dollars, to be advanced to him, and for which he is to be accountable:

That 30 dollars be paid to Martin Nicholas, as a gratuity for riding express with intelligence to Congress.

Resolved, That the several commissioners of the continental loan-offices of the United States, be directed to pay the annual interest arising on certi

ficates, that are or may be issued from their respective offices, taking receipts and making returns agreeable to the directions of the board of treasury. The several matters to this day referred, being postponed, Adjourned to ten o'clock to-morrow.

TUESDAY, December 30, 1777.

The marine committee, to whom was referred a letter of the 11th from the navy board at Bordentown, complaining of the disrespect and ill treatment which one of the said board lately received from John Barry, commander of the frigate Effingham, brought in a report; Whereupon,

Resolved, That captain John Barry be required immediately to attend Congress, to answer to the complaint exhibited against him, and that he be furnished with an extract from the letter of the navy board, as far as it relates to the said complaint.

Whereas, it is essentially necessary to the marine service, that the officers of the navy of the United States of America should pay obedience to such orders as the navy boards in the respective departments may at any time find necessary to give them, for promoting the public service; and that all the officers in the said navy should treat the said navy boards with decency and respect:

Resolved, That the navy boards be, and they are hereby empowered to suspend any officer of the navy within their respective districts, who shall refuse to pay obedience to such orders as they may think necessary to issue, or who shall treat them with indecency and disrespect: and the said navy boards are hereby required to give immediate notice to the marine committee of any such suspension, with the reasons thereof.

The marine committee reported," that they have taken into consideration the proceedings and sentence of a court-martial, held on board the ship Lion, at Bordentown, in New-Jersey, for the trial of John Steward, master's mate of the ship Repulse, and James Ledlie, master at arms of the said ship, and John Pemberton, armourer, John Campbell, quarter-master, and Michael Tarney, a boy, all belonging to the said ship Repulse; and it appearing that the criminals, previous to the offences for which they are under condemnation, had behaved themselves as became their stations, and no positive proof appearing that they intended to desert to the enemy; and they being recommended as proper subjects of mercy, it is their opinion that they be pardoned, on condition they will inlist to serve as privates in the navy during the war:

Resolved, That Congress concur with the committee.

THREE O'CLOCK, P. M.

The board of war brought in a report; Whereupon,

Resolved, That gen. Washington be directed to inform the brave officers and soldiers of the continental army, now in camp, that, as the situation of the enemy has rendered it necessary for the army to take post in a part of the country not provided with houses, and in consequence thereof to reside in huts; Congress approving of their soldierly patience, fidelity and zeal, in the cause of their country, have directed one month's extraordinary pay to be given to each, and are exerting themselves to remedy the inconveniencies which the army have lately experienced from the defects of the commissary's and clothier's departments:

That, after the 1st day of January next, the commissary-general of purchases be directed, from time to time, to compute the cost of each part of a ration, agreeably to the prime cost of the articles composing the same; and that he send a certificate thereof to the board of treasury, and also to the commissary-general of issues, who is thereupon directed to publish the same

to the issuing commissaries, to be by them observed, in lieu of the estimate made in the 38th article of the commissary's regulations, passed by Congress the 10th of June last:

That general Washington be directed to recommend to the officers of the army to draw such a part of their rations only as may be necessary for their respective subsistence, and to receive the residue thereof in money, at the estimated cost aforesaid, until the difficulties arising from the present deficiency in the commissary's department shall be removed.

Resolved, That the powers vested in gen. Washington by the resolutions of the 17th of September and 8th of October last, and the 10th inst. be extended from the last day of the present month to the 10th day of April next, unless sooner revoked by Congress.

Resolved, That persons, inhabitants of any of these United States, who have voluntarily inlisted, or shall so inlist with or join the enemy of the said states, and have been or shall be taken in arms, be confined in close gaols, subject to be delivered up to the respective states to which they belong, to be dealt with agreeably to the laws thereof, and that the commissary-general of prisoners and his deputies be directed, from time to time, to transmit to the respective states the names of such of their citizens who have been made prisoners.

A letter from brigadier de Roche Fermoy was read, desiring to be promoted to the rank of major-general; Whereupon,

Resolved, That brigadier de Roche Fermoy be informed that Congress do not think it expedient to promote him to the rank he solicits.

Resolved, That to-morrow be assigned for appointing an adjutant-general in the room of col. Pickering, who is called to the board of war. The several matters to this day referred, being postponed,

Adjourned to ten o'clock to-morrow.

WEDNESDAY, December 31, 1777.

A letter of the 22d, and one of the 25th, from gov. Livingston, were read. Application being made by the delegates of Virginia, for five field pieces for the use of their state,

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

THREE O'CLOCK, P. M.

The committee on the treasury brought in a report; Whereupon, Ordered, That 100,000 dollars be advanced to the state of Virginia, for the purpose of paying for goods collected and seized for the continental army, in consequence of a recommendation of Congress; the money to be paid to the delegates, and the state to be accountable:

That a warrant issue on William Armstead, commissioner of the loan-office in the state of Virginia, in favor of the delegates of the said state, for 50,000 dollars, for the purpose expressed in the foregoing order: the said

state to be accountable:

That 20,000 dollars be paid to the board of war, to be by them transmitted to John Smith, esq. county-lieutenant of Frederick, in the state of Virginia, to defray the expenses of building barracks, purchasing provisions for prisoners of war in the said county, and the guards over them, and also for paying the guards, agreeably to the letter of October 23d, from his excellency gov. Henry to col. William Kennedy, the said John Smith to be accountable: That a warrant issue on Joseph Borden, commissioner of the continental loan-office in the state of New-Jersey, for 50,000 dollars, in favor of the delegates of that state, for the use of the said state, which is to be accountable.

That 5898 dollars be paid to capt. Williams, in the North-Carolina forces, for the purpose of paying the officers and recruits belonging to the severa!

Virginia battalions, under the command of col. John Williams, now detained in York, by direction of the board of war; for which purpose the said captain Williams is specially appointed pay-master.

Ordered, That capt. Williams forthwith pay off the said recruits, according to the muster-rolls attested by gen. Conway, and produce receipts from each of the officers and soldiers receiving the money, specifying the regiment or corps to which they belong, to be transmitted by the auditor-general to the pay-master general, who is to be accountable.

Ordered, That 300,000 dollars be advanced to William Buchanan, commissary-general of purchases, for the use of the middle district; the said commissary-general to be accountable:

That a warrant issue on Nathaniel Appleton, commissioner of the continental loan-office in the state of Massachusetts-Bay for 200,000 dollars, in favor of James Mease, clothier, for the use of his deputy, Samuel Allen Otis, at Boston; the said clothier-general to be accountable.

Resolved, That the clothier-general be directed to authorize Samuel A. Otis, his deputy, to draw bills on him for such sums as shall be necessary to answer the demands on Mr. Otis for clothing, which cannot be discharged by the preceding draught.

Whereas, Samuel A. Otis, deputy clothier-general in the state of Massachusetts-Bay, hath signified to Congress, that he hath contracted with sundry persons in the said state for a large quantity of clothing for the use of the continental troops, at the most extravagant rate of 10 to 1800 per cent. and that some of the holders of the said goods have even refused to deliver him the same until they shall receive the cash, thereby adding to extortion the crime of wounding the public credit as far as in them lay, and manifesting a disposition callous to the feelings of humanity and untouched by the severe sufferings of their countrymen, exposed to a winter campaign, in defence of the common liberties of their country:

Resolved, therefore, That Mr. Otis be directed to pay only for such of the said clothing as he may have actually received, at the rate for which he may have contracted for such clothing.

Resolved, That it be most earnestly recommended to the legislative authority of the state of Massachusetts-Bay, immediately to take and seize the residue of the clothing which the holders thereof have refused to deliver to the said Samuel A. Otis, agreeably to the resolutions of Congress of the 20th inst. which clothing shall be paid for in manner and at the rate mentioned therein and not otherwise.

Ordered, That the president write to the president of the council of Massachusetts-Bay, in the terms following:

"It is with inexpressible concern that Congress learn the extortionate views and demands of the proprietors of clothing lately purchased or attempted to be purchased within your state by Mr. Samuel A. Otis, deputy clothier-general, for the use of the continental troops, now exposed in the field to the severities of the season; and that those individuals should even add to the crime of extortion a greater, if possible, that of refusing to deliv. er the goods upon the credit of the thirteen United States, whereby they not only wound the public credit, but in all probabilty will be the means of many brave soldiers perishing in the field, merely for want of necessary clothes.

This irrefragable evidence of the depravity of morals, in so many of the citizens of these states, is a most alarming circumstance; and if the several governments do not speedily exert their authority effectually to suppress such unheard of extortion, it will unquestionably issue, and at no very distant period, in the destruction of the liberties of this continent. Congress feel themselves ebliged to sound the alarm, however distressing it may be, to