Congress took into consideration the report of the committee to whom were referred the letters of Major General Gates, of the 22 July, and of Brigadier Parsons, of the 21 July, relative to cloathing purchased by Major Bigelow, &c. Whereupon,

The Committee to whom were referred the Letters of Major General Gates of the 22 July, and of Brigadier General Parsons of the 21 July, relative to Cloathing purchased by Major Bigelow, and the distressed situation of the Connecticut Troops for want of Cloathes beg Leave to report:

That from the certificates of sundry Officers belonging to the State of Connecticut it appears that they have received of Joseph Trumbull Esq in the latter end of January last, Materials for making, as specified in the Abstract herewith annexed, which Materials were purchased by Messr Otis and Andrews, Agents for the Cloathier General at Boston, and forwarded to Governor Trumbull in consequence of his request.1

That it appears from a Letter of Messr: Otis and Andrews to M Mease, Cloathier General, dated Boston, 30th June, 1778, that other Parcels of Cloathing had been delivered by Otis and Andrews in Consequence of Governor Trumbull's desire; but as Receipts had not come to hand the particulars cannot be ascertained."

That it appears by the same Letter, that Brigadier General Parsons had ordered a Parcel of Goods, purchased by M: Barrell on account of the United States out of the hands of the Person who had them in Care; but whether these Goods were appropriated to the Use of General Parson's Brigade, or of what Particulars they consisted, does not appear.3

That the Materials furnished by Messr: Otis and Andrews were on or about delivered over to Major Bigelow, in order that he might superintend their being made, and forwarded to the Army, and that from Major Bigelow's Account, it appears that a very Considerable Part of this Cloathing has been already made, and forwarded to the Army, and that the Remainder will be compleated in about 3 Weeks. That it appears from a Letter to [from] M. Mease to this Committee that in Consequence of a Resolution of the 28th August last, and the 1 Vide, abstract and Receipts No. 1. Note by Committee. 'Vide letter o and a, No. 2. Note by Committee.

"Vide No. 2. Note by Committee.

Application of Major General Putnam, Major Peter Hughes was appointed an Assistant in the Cloathing Department at Fish Kills, some Time in October last, and that he continued to act therein till some time in June last.1

That in Consequence of Complaints made of the distressed Situation of the Continental Troops on the North River for Want of Cloathing, Congress on the 4th March last,

Resolved, "That the Cloathier General be directed to send an Assist"ant Cloathier to be stationed with the Continental Army on the North "River to Superintend the procuring and Distribution of Cloathing, "and in the mean Time that the Commanding Officer take such Order "as to Cloathing the Troops as Exigencies may require.""

That Mr George Measam, who acted as Cloathier to the Northern Army, arrived at Fish Kills on or about the 20th of June last from Albany.

That from the Declaration of Major Bigelow to your Committee, it appears that he was appointed to procure Cloathing for the Army under the Command of General Gates about the latter End of May last.

That the Return of Cloathing wanted for sundry Regiments in the Northern Army is signed by George Measam Assistant Commissary of Cloathing at Fish Kill, June 20th 1778, and afterwards transmitted to Major Bigelow.

That it appears to your Committee, that at the Time this Return was signed by far the greatest Part of the Materials specified therein was actually arrived on Account of the United States, in the States of New Hampshire and Massachusetts Bay, and that a Considerable Part of the same was made up into Cloathes, Exclusive of Cloathing in the Hands of Messr: Otis and Andrews at Boston sufficient for Cloathing 1500 or 2000 men.

That the Purchases of Cloathing by Major Bigelow were made in the State of Massachusetts Bay, in the latter End of June, and Beginning of July last, and that the Advance given for the same was from 11@ 1200 lawful for 1 Shilling sterling, equal to about 1500 Penn Currency for one sterling."

That it appears by an Account furnished to your Committee by M: Mease, the Cloathier General that there is in the Hands of William Gardiner, Esq, at Portsmouth in New Hampshire, a quantity of 1Vide letter J Mease Aug. 1st, No. 3. Note by Committee.

2 Vide Res. No. 4. Note by Committee.

8 Vide No. 5.

4 Vide No. 6.

Cloathing purchased by him on public Account at 44 advance for one Livre, reckoning the Livre at 1 Shilling lawful, to the Amount of 7211 5.6, which Purchase was made in the Month of June last.'

That a Quantity of Linen and Woolen Goods were purchased by Mr Theodorus Barrell, of New London, for the Use of the United States at the Rate of 5 for one, on or about the 20th March last."

From which Summary of Facts it appears to your Committee, that a very considerable Stock of Materials for supplying the Connecticut Troops has been delivered by Messr Otis and Andrews to the Order of Governor Trumbull; and detained by Brigadier General Parsons; that although the greatest Part of the same was delivered in the latter End of January, great Delays have happened in making up the same, the whole having not yet been delivered; That there being an Assistant Cloathier acting in the Department on the East Side of Hudson's River, at the Time Major Bigelow declares he received his Appointment, the Commanding Officer was not authorised under the Resolution of Congress of the 4th March last, to make an additional Appointment of a Person to procure Cloathing; That it was the Duty of M George Measam, who signed the Return of Cloathing wanted for Sundry Regiments, which was transmitted to Major Bigelow to have made the said Purchases himself, or to have applied for the same to the Principal of the Department; That at the Time the purchases were made by Major Bigelow large Supplies of made and unmade Cloathing belonging to the U. States were stored in the State where the Purchases were made, notwithstanding which, your Committee being of Opinion, that Major Bigelow acted under an Authority, which he had Reason to deem sufficient, that his private Ruin may be involved in discharging what he conceived to be a public Contract, and that the Character of Major Bigelow is such as to induce a Belief that the Goods he purchased were contracted for on the best Terms he could procure them, beg leave to submit to Congress the following Resolutions:

That, it being represented by the Cloathier General to Congress, that an Assistant Cloathier was resident with the Army on the East side of Hudson's River at the Time when Major Bigelow declares he was appointed to procure Cloathing for that Army, the Commanding Officer in that Department was not warranted by the Resolution of Congress of the 4th of March last, to make an Appointment of any Person to procure Cloathing for the Troops in that Quarter.

1 Vide Letter, Wm Gardiner No. 7.

2 Vide letter Otis and Andrews No. 8.

That it was the Duty of Mr. George Measam to procure the Cleathing wanted for the Troops on the East side of Hudson's River, either by making the Purchases himself, or by applying to the Principal in the Cleathing Department; that from a Neglect of this the Publie have been put to great and unnecessary Expenditures; and therefore that the Commissary General of Cloathing be directed to enquire and report to Congress the Reasons which induced Mr. Moasam to deviate from the Regular Line of his Duty.

And whereas doubts have arisen whether the said goods might not have been purchased at rates lower than they were contracted for,

Resolved, That the Clothier General be directed to make particular enquiry at what advance goods were sold at whole sale on the sterling invoice in the States of Massachusetts Bay and New Hampshire in the latter end of June last, and that he transmit the result of his enquiry to Congress as soon as possible.

Resolved, That a warrant issue on the treasurer in favour of James Mease, Esq. cloathier general, for two hundred and ninety thousand dollars, to be by him paid to Major Bigelow, for the purpose of satisfying the contracts which he has made for cloathing, in consequence of orders given him by the commanding officer on the east side of Hudson's river, in pursuance of the resolution of Congress of the 4 March last; and that Major Bigelow settle his accounts with the commissary general of cloathing.

Resolved, That Major Bigelow, be, and he is hereby directed to deliver all the cloathing, which he has purchased into the hands of the cloathier residing with the army on the east side of Hudson's river, as the same shall, from time to time, be made up; and that he transmit to the commissary general of cloathing, particular invoices of the goods he has purchased, and accounts of the deliveries made.1

Adjourned to 9 o'Clock to Morrow.

1This report, in the writing of William Duer, is in the Papers of the Continental Congress, No. 19, I, folio 357.

FRIDAY, AUGUST 28, 1778

A letter, of 22, from the executive council of Pensylvania, relative to the case of Frederick Verner, referred to them on the 15, was read.1

A memorial from John Connolly, prisoner in the gaol, was read;2 Whereupon,

Ordered, unanimously, by all the thirteen states, that the commissary general of prisoners be directed not to consent to the exchange of John Connolly, calling himself a lieutenant colonel in the British service, without the special order of Congress.

Ordered, That the commissary general of prisoners be directed not to deviate, in any instance, without the special order of Congress, from the resolution of Congress of 30 December, 1777, relative to citizens of these states who may be taken in arms.

3

A letter, of 25, from General Washington, was read inclosing the following papers: 1. A copy of a letter of 23, from General Sullivan. 2. A copy of a remonstrance from Major General Greene to Count d'Estaing, August 21. 3. Of Count d'Estaing's letter to General Sullivan, August 21. 4. A protest of the general officers of the American Army on Rhode Island; and 5th, of General Sullivan's questions to the general officers and officers commanding brigades in the army under his command, in consequence of the determination of the Count d'Estaing to sail from Rhode Island.

Ordered, That the contents of the said letter and papers be kept secret, except the sailing of Count d'Estaing's 'This letter is printed in the Pennsylvania Archives, VI, 713.

'The letter of Pennsylvania is in the Papers of the Continental Congress, No. 69, I, folio 541; the memorial of Connolly, dated the 25th, is in No. 42, II, folio 52.

3 The letter of Washington is in the Papers of the Continental Congress, No. 152, VI, folio 285; the enclosures are with it.