Resolved, That the refusal of lieut. gen. Burgoyne to give descriptive lists of the non-commissioned officers and privates belonging to his army, subsequent to his declaration that the public faith was broke, is considered by Congress in an alarming point of view; since a compliance with the resolution of Congress could only have been prejudicial to that army in case of an infraction of the convention on their part.

Resolved, That the charge made by lieut. gen. Burgoyne, in his letter to major-gen. Gates, of the 14th of November, of a breach of the public faith on the part of these states, is not warranted by the just construction of any article of the convention of Saratoga; that it is a strong indication of his intention; and affords just ground of fear, that he will avail himself of such pretended breach of the convention, in order to disengage himself, and the army under him, of the obligation they are under to these United States; and that the security, which these states have had in his personal honor, is hereby destroyed.

Resolved, therefore, That the embarkation of lieut. gen. Burgoyne, and the troops under his command, be suspended till a distinct and explicit ratification of the convention of Saratoga shall be properly notified by the court of Great-Britain to Congress.

Adjourned to ten o'clock to-morrow.

FRIDAY, January 9, 1778.

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

Ordered, That 20,000 dollars be advanced to John Baynton, pay-master at Fort-Pitt, for the payment of the troops in the western department; the said sum to be delivered to major Ewing, to be conveyed to the said paymaster, who is to be accountable:

That a warrant issue on Thomas Harwood, esq. commissioner of the loanoffice in the state of Maryland, for 6492 66-90 dollars, in favor of Gordon & Patton, saddlers, in discharge of col. George Baylor's order of the 27th of Dec. last, for that sum, in their favor, for equipping his regiment of light dragoons; the said col. Baylor to be accountable.

The committee appointed to take into consideration the letter of the 2d, from the council and assembly of the state of Pennsylvania, brought in a report, which was read.

The committee to whom were referred the letters from William Buchanan, commissary-general, and E. Blaine, deputy commissary-general of purchases, brought in a report, which was read.

THREE O'CLOCK, P. M.

Congress resolved itself into a committee of the whole, to consider the report of the committee on the propositions of the committee lately sent to camp, and, after some time spent thereon, the president resumed the chair, and Mr. F. L. Lee, reported, that the committee of the whole Congress have had under consideration the matter to them referred, but, not having come to a conclusion, desire leave to sit again.

Resolved, That to-morrow, Congress be resolved into a committee of the whole, to consider farther the report of the committee on the proposition from the committee lately sent to camp.

Adjourned to ten o'clock to-morrow.

SATURDAY, January 10, 1778.

A letter, of the 24th, and 28th of Dec. from brigadier Hand, at Fort-Pitt, to the board of war; and one, of the 9th, from W. Palfrey, pay-master gen. to the board of treasury, were laid before Congress, and read:

A letter, of the 2d, from gen. Washington, at Valley-Forge, was read, recommending major Clark to the notice of Congress :

Ordered, That the letters from gen. Washington and brigadier Hand, be referred to the board of war.

Resolved, That his excellency gov. Henry be requested to enquire of Gabriel Jones and John Walker, esqrs. two of the commissioners appointed to repair, without delay, to Fort-Pitt, agreeably to a resolution of the 20th of November last, whether they accept the appointment, and if they, or either of them, decline, to appoint a proper person or persons in his or their stead, who shall enter on the business without delay.

Congress proceeded to the election of two auditors to audit and settle the public accounts in the main army, and the ballots being taken, Matthew Clarkson and John Clark, esqrs. were elected.

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

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

Ordered, That 276 45-90 dollars be advanced to John Penn, esq. delegate from the state of North-Carolina, and charged to the said state, as part of the 500,000 dollars, appropriated for the use of the said state:

That a warrant issue on John Gibson, auditor-general, for 500 dollars, in favor of William Palfrey, esq. pay-master general, for which he is to be ac

countable:

Tha 40 dollars be paid to Mons. Lotbinier, a Canadian Chaplain, for his pay due this day :

That 500 dollars be advanced to capt. William Scott, for the pay, and to purchase blankets for the use of his company, belonging to one of the 16 battalions, commanded by col. Thruston; the said capt. Scott to be accountable.

THREE O'CLOCK, P. M.

The committee to whom was referred the motion for appointing a committee of Congress to repair to camp, brought in a report, which was taken into consideration, and, thereupon, Congress came to the following resolution : Whereas, it is essential to the promotion of good discipline and economy in the army of these states, that the most speedy and effectual measures should be adopted for reducing the number of regiments in the continental service, and for reforming the abuses which have too long prevailed in the different departments belonging to the army:

Resolved, That three members of Congress, together with three members of the board of war, be appointed a committee to repair to gen. Washington's head-quarters, as soon as may be, and, in concert with him, to form and execute a plan for reducing the number of battalions in the continental service, reporting to Congress the names and ranks of such officers of merit now in the service as cannot be annexed to the battalions retained on the establishment, taking particular care in the appointment of officers to these battalions not to annex officers belonging to one state, to the battalions raised by another state; to recommend to Congress the necessary appointments of general officers; to remove officers in the civil departments of th army for misconduct, negligence, or incompetency, and to appoint others in their room, till the pleasure of Congress can be known; to remove all just causes of complaint relative to rank, confining it as nearly as possible to the military line; to report upon the expediency of appointing brigade instead of regimental chaplains, and also to remove from office any chaplain for ignorance or negligence in the duties of his office or for immoral conduct; to determine, and report as soon as may be, to Congress, their opinion of the necessary reinforcements for the cavalry, artillery, and infantry, and the best mode of obtaining them; to report such alterations as they shall deem expedient in the regulations of the several departments, and, in general, to adopt VOL. II.

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such other measures as they shall judge necessary for introducing economy and promoting discipline and good morals in the army: the members of Congress chosen, Mr. Dana, Mr. Reed, and Mr. Folsom.

Adjourned to ten o'clock on Monday.

MONDAY, January 12, 1778.

The president laid before Congress a packet containing blank papers, which he informed Congress he received yesterday from a John Folger, who says he was sent by the commissioners at Paris, with despatches to Congress : Ordered, That Mr. Dana and the board of war examine the said John Folger respecting this packet.

Congress proceeded to the election of three members of the board of war, to join the three members of Congress, and proceed to camp for the purposes mentioned in the resolution passed on Saturday, and, the ballots being taken, major-general Gates, major-gen. Mifflin, and col. Pickering, were elected. Resolved, That another member of Congress be added to the foregoing committee: the member chosen, Mr. Harvie.

A letter, of the 10th, from Samuel and Robert Purviance, at Baltimore, was read.

THREE O'CLOCK, P. M.

The committee appointed to examine J. Folger respecting the despatches with which he was charged by the commissioners at Paris, laid before Congress his examination, reduced to writing, which was read; Whereupon,

Ordered, That the president inform governor Caswell, of North-Carolina, of the purport of the said examination, and request him to examine the persons who came over in the vessel with J. Folger, and inform Congress of every circumstance that may come to his knowledge respecting the said despatches:

That the board of war be directed to confine the said John Folger in close prison, till advice can be received from gov. Caswell, or till further orders from Congress.

Resolved, That copies of the report of the committee on the letters that passed between gen. Heath and gen. Burgoyne, and general Burgoyne's letter to gen. Gates, together with the resolutions of Congress thereon, signed by the president, and attested by the secretary, be transmitted to the several states, to gen. Washington, and two copies to major-general Heath, who is directed to furnish lieutenant-gen. Burgoyne with one of them, and to order the vessels which may have arrived, or which shall arrive, for the transportation of the army under lieutenant-general Burgoyne, to quit, without delay, the port of Boston.

Resolved, That the council of Massachusetts-Bay be requested to afford general Heath the necessary assistance for immediately increasing the guards placed over the troops of gen. Burgoyne, to the number, if they judge proper, of 1500 or more, and that they be not reduced until the transports of the enemy shall have left the port of Boston, and so long afterwards as the council shall judge necessary.

Whereas, Congress have received information that a sloop named the Pennsylvania-Farmer is arrived at Baltimore from Curracoa, with a load of salt, the property of Mr. Gerardus Beekman, a citizen of the state of New-York, but now with the enemy in the city of Philadelphia: and whereas, the delegates representing the state of New-York have applied for the interposition of Congress, that proper measures might be taken for seizing the salt; and whereas the public service will suffer the most material injury if the most expeditious measures are not adopted for securing this cargo for the use of the United States:

Resolved, That the governor and council of the state of Maryland be desired forthwith to take measures for securing the said salt for the use of the United States, and to cause the same, without delay, to be delivered to the commissary-general of purchases, or any of his deputies; and in case the information given to Congress should be ill founded, and that the cargo above-mentioned should be bona fide the property of any faithful citizen of these states, or of any foreigner, that the governor and council of the state of Maryland be desired to seize the same, as well as all other quantities of salt, and to cause the same to be delivered, agreeably to the directions above mentioned. Adjourned to ten o'clock to-morrow.

TUESDAY, January 13, 1778.

A letter from Mons. de la Balme; one, of the 13th of December last, from colonel la Radiere, with a memorial from the same; one, of the 6th of December, from baron Steuben, at Portsmouth, in New-Hampshire, with sundry letters, recommending him to Congress; one of the 10th inst. from James Mease, at Lancaster; one, of the 18th of December, from lieutenant-colonel Campbell, a prisoner at Concord, in the state of Massachusetts-Bay; one of the 17th, and one of the 25th of December last, from general Heath; also, one of the 4th, one of the 5th, and one of the 9th, from gen. Washington; and one of the 10th, from capt. Barry, attending in York-town, were read: Ordered, That the letter from Mons. de la Balme, the letter and memorial from colonel Radiere, the letter from lieutenant-col. Campbell, and the letter of the 5th, and that of the 9th, from gen. Washington, be referred to the board of war:

That the letter from Mr. Mease be referred to the board of treasury, and the letter from captain Barry to the marine committee.

Whereas, the declaration of lieutenant-gen. Burgoyne, in his letter of the 14th of November last, to major-gen. Gates, "that the public faith is broke on the part of these states, and other reasons set forth in the resolutions of Congress of the 8th of January inst. compelled Congress to adopt measures. for securing the performance of the convention of Saratoga on the part of the court of Great-Britain, whereby the embarkation of lieutenant-general Burgoyne's army has been necessarily suspended; and whereas, the subsistence of that army, in the state of Massachusetts-Bay, is not only extremely burthensome to these states, but tends greatly to distress the inhabitants of the country wherein they are quartered, and it is contrary to the principles of justice, that these states should suffer inconveniences from the conduct of lieutenant-gen. Burgoyne, which could not be foreseen at the time when the convention of Saratoga was entered into :

Resolved, That general Washington be directed again to require of general Howe proper passports for vessels to transport to Boston, salted meat, flour, and fuel, necessary for the subsistence of lieutenant-general Burgoyne's army, during the time they shall be necessarily detained in the state of Massachusetts-Bay, in consequence of the resolutions of Congress of the 8th of January instant, and that general Howe be informed, that in case of his refusal to comply with this just request, these states will not deem themselves answerable for subsisting general Burgoyne's army, agreeably to the terms of the convention of Saratoga; but shall think themselves at liberty to remove or separate the said army, to such parts of the state of MassachusettsBay, as they may be conveniently subsisted in, till the convention of Saratoga shall be ratified by the court of Great-Britain, and properly notified to Congress.

THREE O'OCLOCK, P. M.

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

Resolved, That William Palfrey, esq. pay-master general, be directed to order William Bedlow, his assistant, at Peekskill, to pay up the troops there to the 31st of December last; and that Jonathan Trumbull, jun. esq.deputy pay-master general, be directed to pay from that time, all the troops under the command of any officer or officers in the northern department, or state of New-York:

That the pay master general be empowered to appoint an assistant in his office, and a clerk for six months, in addition to one already employed by him: That 70 dollars a month, and two rations a day, be hereafter allowed to each assistant, and 50 dollars a month to each clerk, in the office of the paymaster or deputy pay-master general.

The board of war, to whom was referred the letter of the 20th of December from general Spencer, brought in a report; Whereupon,

Resolved, That it be earnestly recommended to the states of New-Hampshire, Massachusetts-Bay, Rhode-Island, and Connecticut, immediately to furnish, and keep up constantly in the state of Rhode-Island and Providence Plantations, for the defence of the said state, their several quotas of troops, as adjusted by the resolution of a committee from the said states and the state of New-York, which met at Springfield, the S0th of July last:

That a deputy quarter-master general, a deputy adjutant-general, a deputy muster-master general, and a deputy commissary-general of issues, be ap pointed to act, pro tempore, for the troops aforesaid: that the deputy commissary-general of issues be appointed by the council of war of the state of Rhode Island and Providence Plantations; that the deputy quarter-master general, deputy adjutant-general, and deputy muster-master general, be appointed by the officer commanding at that post; and that each of the foregoing officers take the oath of fidelity and office required before they enter upon the execution of their respective offices:

That general Spencer, or the commander of the forces aforesaid, be informed, that if provisions cannot be procured at reasonable rates, and he shall be obliged to impress them, he shall direct certificates to be granted, promising payment at such rates as shall be settled by the convention of committees to meet at New-Haven, the 15th instant, in pursuance of a resolution of Congress of the 22d of November last; and that this resolution have retrospect as to all accounts not liquidated for provisions or services supplied or performed to the 1st day of November, which are to be paid at the convention prices, and all other unliquidated accounts for services or provisions supplied or performed since that period to the date of this resolution, to be paid for at the prices for which they are contracted.

Resolved, That general Spencer's resignation, for the reasons offered by him in his letter of the 20th of December, be accepted, when he shall be relieved from his present command by a suitable officer of the rank of a majorgeneral, who is to be immediately sent to take the command of the troops raised for the defence of the state of Rhode-Island and Providence Plantations.

Resolved, That such parts of the letter from general Spencer as relate to money, be referred to the board of treasury, also that part relating to his allowance as in a separate department.

Adjourned to ten o'clock to-morrow.

WEDNESDAY, January 14, 1778.

Resolved, That two members be added to those who at present conduct the business of the board of war, till the commissioners for that purpose appointed can meet the members chosen, Mr. Langworthy, and Mr. J. B. Smith. Congress took into consideration the report of the committee on the letters from W. Buchanan, and E. Blaine; Whereupon,

Resolved. That the order of the commissary of prisoners shall be a suffi