ORDERLY BOOKS of
The Fourth New York Regiment 1778-1780
The Second New York Regiment, 1780-1783
by Samuel Tallmadge and Others
with Diaries of Samuel Tallmadge, 1780-1782 and John Barr, 1779-1782
Prepared for publication by Almon W. Lauber PH.D. of The division of Archives and History
Albany, The University of the State of New York, 1932.
Orderly Book 3, part two
and be it further enacted by the authority aforesaid that the said Certificates Subscribed by the said auditors or any two of them shall be received in payments upon the purchases of forfited estates for the amount of the principle and intrest thereof at the same rate with specie.
and be it enacted by the authority aforesaid that the said auditors Shall as soon as Conveniently may be after the pasing this act repair to the sevaral posts or places where the troops whose accounts are to be setled in persuance of this act, shall be stationed, for the purpos of Lequidating and setling such accounts as aforesaid and shall each of them be allowed for their Services and Exspences besides the Expence of printing Certificates, paper and other Contingencies the sum of three dollars & half of the new omission for each day they shall be sevarally actually Imployed in the Business Commited to them agreeable to such accounts as they shall respectively produce thereof to the treasury auditored by the auditor Genl of this state; that the treasury shall advance to the said auditors the sum of one hundred pounds of the said new omission; and that the said auditors shall be authorised to administer Oaths to persons makeing returns and to examine on Oath either the parties themselves or other persons upon any matters touching any accounts that may be presented for settlement. and when doubts have arisen upon the account of Congress recommending such Compensation for the difficiency of pay as is intended by this act, with respect to what troops are to be Compensiated by this state an Application has been made by this state to Congress for an explination of their said act.
be it enacted by the authority aforesaid, that untill the Legislature shall make further provision, the following and no other Troops shall be entitled to the Compensation Intended by this act, and the accounts of such troops onley, shall be Lequidated and setled by the auditors to be Appointed in persuance of this act Viz, all officers and privates serveing in either of the five Continential Battallions raised under the direction of this State and engaged to serve three years or dureing the war, and all officers and privates enggaged to serve for the Like time, and who at the time they respectively entered into the Coare to which they respectively belong ware Inhabitants of this state, and are now serving in the Caveltry or Artillery of the united states the several Regiments Commanded by Colos Seth Warner,(40) Moses Hazon(41) and James Livingston(42) or in either of the sixteen additional Battalions anext to the Line of any state; and further, that no troops but such as are Comprehended within the above description shall be entitled to Cloathing or other necessaries from this state, and the state Cloathier of this state and the Commissary Appointed to provide such necessaries shall respectively furnish such troops only-as are above described, with Cloathing, and Necessaries, untill the further direction of the Legislature provided that nothing in this Clause Contained shall be Construed to prohibit the. state Cloathier or Commissary from furnishing Major Genl [Alexander] McDougal, and Brigadeir Genl [James] Clinton and their respective suits, the Chaplain to the Brigade, under the Command of the said Brigadeir Genl James Clinton, the Chaplain to
40 Colonel Seth Warner of one of the 16 Additional Continental Regiments. Heitman, Historical Register, p. 569.
41 Colenel Moses Hazen, 2d Canadian Regiment. Ibid., p. 282.
42 Colonel James Livingston, 1 st Canadian Regiment. Ibid., p. 354. In 1780, at the time of Arnold's treason, he had command of Stony Point
the Garrison, or the Forts in the high Lands, and the Physians and surgons in the Genl Hospital, with Cloathing .and Necessaries directed to be furnished to them, by the act entitled an act, to provide the troops of this state in the service of the united states with Cloathing and other Necessaries passed the Eleventh day of March Last.
and be it further enacted by the Authority afforesaid, that officers who have been reduced and Non Commissioned officers and privates Engaged for three years, and dureing the war, and who may have been regularly discharged from the service shall be entitled to such Compensation for the difficiency of pay as is Above Mentioned in Like manner; if such Non Commsd officers and privates ware still in actual service and the accounts of such officers Non Commissd officers and privates, shall be auditored by the said auditors accordingly; and the said officers Non Commissioned officers and privates shall be entitled to such Certificates as aforesaid for the Ballance due to them Respectively.
and be it further enacted by the authority afores'aid, that the accounts of all persons deceased shall be setled and Lequidated by the auditors to be appointed in persuance of this act in Like manner as if such persons had' been in full Life, and Certificates to the Ballances which shall appear to have been due to such persons, at the time of their Death respectively shall be Given to and in the Name of the Exexators or administrators of such persons respectively.
and be it further enacted by the authority aforesaid, that Gold or silver onley, and no other specie, if money shall be received by the Commissioners in Case where there shall be a difficiency of Certificates any Law makeing the Curency a tender to the Curency Notwithstanding; and that all the Gold and silver which shall be so Received by the Commissioners shall be by them paid into the treasury of this state, there to remain as a fund for the Redemption of such Certificates, as may not be redeemed with Lands in the manner prescribed by this act; and that the said Auditors shall from time, to time, keep Regular accounts and make due returns to the treasury of this state of abstracts of all accounts, Lequidated, and of all the Certificates Issued by them.
State of New York & Assembly Septr 22nd 1780 this Bill haveing been read the third time, Resolved that the bill do pass by order of the House.(43)
Evert Banker [Bancker] Speaker
43 Votes and Proceedings of ihe Assembly of the State of New York - - Thursday, September 7. 1780, p. 35.
State of New York in Senate Septr 26th 1780.(44)
this Bill haveing been read the third time Resolved that the bill do pass
by order of the senate.
Peter Vn Coartland President
State of New York-In Senate Octr 10th 1780(45)
A message from the honourable the house of assembly was Received with the following Resolutions for Concurrence. viz, Resolved, unanimously that the Deligates from this state be Instructed to Declare in Congress that it is the earnest wish of this state that Congress should, dureing the war, or until a perpetual Confederation shall be Compleated; Exercise every power which they may deem Necessary for an Effectual prosecution of the war, and that whenever it shall appear to them that any states is Deficient in furnishing their Quota of men, money, Provision, or other supplies Required of such state, that Congress Direct the Commander in Chief without Delay to march the army or such part of it as may be Requisite. into such state and by a millatary force Compell it to furnish its Deficiency.
Resolved that his Excellency the Coppy of the foregoing Resolution Congress.
Resolved that this senate Do Concur with the Honourable the House
of assembly in their said Resolution.
Extract from the Minutes
govenor be Requested to transmit a to the Delagates from the state in
Robert Benson Clark of assy
[Seven pages torn out. At this point this record ends in this book and the following begins but at the back of the book. The first page or so is missing. The writing is in a different hand.]
[laid] (46) Down A Different Rule or already Setle their Rank
8th a Resignation Shall Exclude any Claim or Benifit from former Rank
Wheras from the alteration of the Establishment and other Causes many Valuable officers have been and may be admited in the New arrangement as being Supernumary who from their Conduct and Services are Intitled to the Honourable Notice of Congress, and to a Sutible Provision untill [they
44 Votes and Proceedings of the Senate of the State of New York - 1780, p. 17.
45 Votes and Proceedings of the Senate of the State of New York - 1780, p. 31-32.
46 The words inserted indicate tom sections in the manuscript. The missing words have been supplied from Journals of the Continental Congress.
can] Return to a Civil Life with advantage [Reso] lved therefore that Congress [gratefully] acknowledge the faith full services of Such officers and that all Such Supernumary officers be Intitled to one years pay of their Commission Respectively to be Computed from the time Such officers had Leave of Absence from the Commander in Chief on this Account and Congress do Earnestly Recommend to the Different States to which Such officers belongs to make Such further. Provision for them as their Respective Sircumstances Entitles them to.
Where as it will be for the benefit of the Service that Some Rule for promotion be Established [therefore]
Resol [ved that it] be Recommended to the Several [states to] Provide that in all future promotion officer Raise Regimentally to the Rank of Captain and thence in the Line of the State to the Rank of Cola Except in Cases where Preference may be given on Account of Distinguished Merrit.
Resolved that all officers who have been in the Service and have been Prisoners with the Enemy now are or hereafter may be Exchanged, or otherwise Released, Shall if appointed by the authority of the State be Intitled in Case of Vacancy to Enter into the Service of their Respective States in Such Rank as they would have if they never had been Captured, Provided always that Every Such officer do within one month after his Exchange or Release Signify to the State to which he belongs his Release and his Desire to Enter againe into the MiIIitary Service
Resolved that Every officer so Released, and Giveing notice as aforesaid Shall until Entry into Actual Service be allowed half Pay of the Commission by Which by the foregoing Resolve he Stands Intitled Provided always that in Cases of his Receiveing any Civil office of Profit Such half pay Shall henceforth Cease
Resolved that no Brevett be for the futer granted, Except to officers in Line or in Case of Verry Eminent Services
Resolved that Pay Masters not being of the Rank of Captains, Quarter Masters and Adjutants be Intitled to Receive twenty Dollars pr Month Subsistance money in Liu of Rations
Resolved that officers and persons Employed in the Staff Shall Receive for Subsistance money one third of A Dollar for Each Extra Ration Heretofore allowed them.
Resolved that Ajutants Pay Masters and Quarter Masters taken from the Line be againe admited into their Rank they would have been Intitled to had they Continued in the Line _________and Such Ajutants Pay Masters & Quarter Masters not taken from the Line may be Admittable into Such Subbaltern Ranks as by A Seigned Certifycate from the Field officers of their Respective Corps they Shall be Deemed Competant to.
Ordered that the Committe of Arrangement transmit to the Board of War Lists of the officers of the army arranged by them in the Several Regiments and Corps Specifying the time of their Respective Appointments or Promotion in their Present Ranks to be Registered in the war office and that Commissions be Issued to the Said officers Accordingly, Secretary of the Board of war is hereby Ordered to transmit Coppies of the Said arrangement to ye Commander in Chief of the army
Resolved that the Board of war be authorised to furnish the Arrangement of the army agreeable to the Resolution of Congress and that the Committe of Arrangement furnish the Board of war with Such Papers and documents as they are Possessed of Respecting the Same and that all Disputes about Rank in the army be Refered.to the Commander in Chief to be Determined According to the Rules of the army.
Ordered that the Board of War forthwith Lay before the Congress A List of the Continential Brigadeirs & Battallions together with the States to which.. they Respectively Belong.
Extract from the Minutes(47) Charles Thompson Secratary
A true Coppy
Head Qr Genl Orders March 11th 1779
that the Returns of the army be Similar in Every Respect and Regularly transmited the Commander in Chief Directs that the officers Commanding Regiments Corps & Brigades Observe the Following Regulations.
1st In the Collum under officers Present fit for Duty are to be Included all Such as are able to go into Action on Guards Detachment &c.
2nd the officers Non Commissioned officers Sick Present Absent on F ourlaugh Recruiting Vacancies on Command in Arrest on the Staff Prisoners of war &c &c are to be Inserted in their Propper Collums under the Boddy of the Brigade Returns Remarkable, but in the Regimental Returns the absent officers Names are to be Inserted Places where Reasons for and time of Absence in their Proper Line in Such A manner in both Returns that the Sick and absent officers together with the Vacancies aded to the Present fit for Duty will Exactly amount to the Establishment.
47 Journals of the Continental Congress, v. XII, p. 1154--60. The date of this act is November 24, 1778.
3rd Under Rank and file in the first Collum are to be Inserted all men fit for Duty in Which Number are to be Included all officers and waitors Belonging to the army who are Ever to go on Duty with their Masters Makeing Part of the Detail all Soldiers Employed as Artificers or Tradesmen all Guards in Camp or its Vicinity within all arming Distance in A word all the Rank & File Capable of Doing any kind of Duty within the aforesaid Limmits are to be Included.
4th In the 2nd the Sick in Camp Judged So by the Regimental Surgon or as near Camp as to be attended by them.
5thly the 3rd to Contain all Sick absent in Hospitals or Elsewhere so far Distant from Camp as to be attended by the Regimental Surgons. and Underneath are to be Particularly Noted the Hospitals or Places at which they are Sick
6thly the 4th to Include all Such as are on Detachment or on Command So far Distant from their Respective Regiments to Joine in Case of an Alarm and Underneath the Places where and what Kind of Duty they are upon to be Exactly Noted
7thly In the 5th to be Inserted Such as are Furloughed by officers Properly Authorised.
8thly and the 6th the total of the Effectives Rank and File.
9thly Under Wanting to Compleate are to be Inserted the Number of the Serjeants Drums & Fifes and Rank and File Deficient of the Establishment.
10thly under Alteration Since Last Return are to be Inserted all Such Casualties as may have happened Since Last Returns A Determination to be Noted Underneath betwen Such as have been Discharged by the muster master or Bodily Inability and those whose term of Service Have Expired. Besides the Weekly Alterations in the. Monthly Returns all the Alterations in the Rank and File of the month Past are to be Inserted Regimentally and the whole Return to be Compared With the one Emediatly Proceeding with which it must be made to Correspond so that if it Exceeds or fall Short of the Proceeding the Ogmentation or Deficiencies of officers and Soldiers to be Accurately accounted for in the Proper Casualties.
12thly on the Back of Each Brigade or Regimental Return are to be Inserted on Honor the Number of officers non Commissioned Rank and File fit for action and from the Collum of Rank and File fit for Action none are to be Included who are Returned fit for Duty but Waggoner or Such as are Destitute of arms or Cloathing Who are to be Inserted in Different Collums Viz Waggoners Wanting Cloaths Wanting arms the Total of Which aded to the fit for Action Will amount to the Number Present fit for Duty
13thly the Regimental Returns to be made out Weekly Seigned by the Commanding officers of Regiments and Delivered to Commanding officers of Brigades who are to have them Digested into Brigade Returns which after they have Carefully Examined and Signed they will transmit to the Ajutant Genl Every Saturday at Orderly times the monthly Returns to be Delivered the Last Saturday of Every Month Successively Except of Such Troops who are too far Distance from Head Quarters as to have their Returns forwarded Weekly the Commanding officers are to have their Returns made out and transmit to the ajutant Genl the Last Saturday Save one of Every Month Successively. these Returns are by no means to be made known to any Person Whatever Except Such as are Emediatly Concerned in Makeing and Signing them nor to be Forwarded by any Other Except Under A Sealed Cover, that the Returns Should be A Profound Secret, as it is A Matter of the Highest Importance Consequently they Should be Sent by none under the Rank of A Commissioned officer if Possible.
4thly(48) the officers Commanding Regiments are to keep A Book in which they are to keep Every Return they make Regularly Recorded also the Regimental Casualties Viz the Dates of the Dead Disarted Discharged F ourloughs &c that happens in the Regiment, the Commanding officers of Brigades are also to have their Brigade Returns Recorded in Books kept for that Purpose as Also the Genl Division & Brigade Orders together with Casualties these Books to be Constantly kept With the Regiment or Brigade and in Case the Regiment or Brigade should be Reduced Said Books to be Deposited in the orderly office
5thly(49) Morning Reports of Companies are to be made Every Day Signed by the Eldest officer of the Company to the Commanding officer of the Regiment Emediatly after Roll Call in the morning. Which Every monday and thursday are to be Digested into Field Returns and to be Delivered to the officer Commanding the Brigade.
16thly with the monthly Returns are to be transmited Returns of Cloathing Arms & Ammunition & Accoutrements to the Ajutant Genl. all the aforeSaid Mentioned Returns to be made according to the Blank Printed Forms Which Shall be Delivered them.
48 Given "4thly" in manuscript. Should read "l4thly"
49 Given "5thly" in manuscript. Should read "15thly."
17thIy Size Rolls according to the Printed form to be taken of Coppies which are to be Constantly kept by the Commanding officer with the Company.
[Head Quarters] March 12th 1779
the Honourable the Congress haveing been Pleased to Come to A Resolution of the 2nd Instant(50)Appointing a Commissioner to Settle all accounts of the Arearages of Cloathing Due to the troops of these States of the year 1777 the F oIl owing Parts of it are Extracted for the goverment of all officers Concerned and are to be Carefully Attended to. the Genl has the most Perfect Relyance that all officers will Contribute to this Resolve on Principle of Equal Justice to the Pub lick and to the Soldiers Under their Command the Irregularities in Which the Distribution of Cloathing have been Involved Will make the Utmost Circumspection Necessary all officers who have Received Cloathing for the troops Either of any Continential or State Cloathier or by Purchase or Impressment are to Render the Commissioner aforeSaid A Return of the Same and Account with him for the Same that the Commander in Chief and officers Commanding in a Separate Post Do forthwith Cause Captains and officers Commanding Companies in their Troops Under their Emediate Command to make out their Accounts of their Respective Companies Specifying the Names of the Claiments Where they are What they have Received and What is Still Due, the Points in Case of Doubts to be Assertained by A Particular Enquiry of the officers and Non Commissioned officers and Soldiers of Each Company the Accounts then formed and assertained Shall be Delivered to the Regimental Pay master Who Shall Draw them into a Genl one and Settle them with the Commissioner AforeSaid and the Commissioner Afore Said Shall Certify the Sum Due and to whome whereupon A warrant Shall be Issued for the Payment in Like manner as for the monthly Payment for the Troops. that the Said Regimental Paymaster Pay the Arearages aforeSaid to the non Commissioned officers and Privates or their representitives as Vouchers and if upon Such Accounting there Shall happen to be any moneys in any Pay masters Hands Received for the Non Commissioned officers or Soldiers who afterward Died or Disarted the Said Commissioners Shall Certify the Same to the Pay master Genl or his Deputy at the Post where the Regiment of Such Pay master Shall be Stationed to whome he Shall pay over all Such money he has in his hands that all the Non Commissioned officers and Soldiers Intitled to the Continential Bounty of Cloathing who Served in the year 1777 but are not now in the Service
50 Journals of the Continental Congress, v. XIII, p. 266-68.
and their Representitives in the Case of Death Shall also Receive the Arearages Due for Such Cloathing Provided they Produce or transmit to the Commissioners afore Said Accounts thereof Properly Authenticated by the Certificates of their officers under whome they Emediatly Serve or other Sufficient Evidences and the Said Commissioners being Satisfyed therewith Shall Certify the Sums Due on that account whereupon Warrants Shall be Issued for Payment as afore Said that as in the Course of this Enquiry it may appear that the Cloathing to Divers Non Commissioned officers and Soldiers for the year 1 777 Exeeds the Bounty allowed by Congress the Regimental Pay Masters Shall Enter the names of Such into Separate Rolls for the Inspection of the Commissioners afore Said who Shall transmit one of them to the pay Master Cen' or his Deputy at the Post where the Regiment may happen to be and the other to the Commanding officer of the Regiment to which Such no Commissioned officer or Soldier Belongs who Shall there upon be put on Stoppages by Order of Such Commanding officer to the amount of the Surpluss of the allowed Bounty for which the Regimental Pay master Shall account with the Pay master Genl or his Debuty afore Said upon Every Application of the Regimental Monthly Pay. true coppy
In Congress August 16th 177951
that the Cloathier Genl Estimate the Value of the Several Articles of Cloathing at the Prices they were Respectively worth at the End of the year 1778 and forthwith transmit Such Estimates to the Pay master of the Several Regiments who Shall be furnished out of the Millatary Chist with monies to Pay the Soldiers for all Deficiencies of Cloathing, at the Estimated Prices of Every Article as fixed by the Cloathier Genl who Shall henceforward transmit Like Estimates before the Close of Every year Dureing the war So that the Soldiers be Paid by the Regimental Paymaster according to Such Estimates Annually and Previous to their Discharge when the Same happens before the End of the year for all Articles of Cloathing allowed them by the Resolution of Congress of the 6th of September 1777 which they have not Received and which are or Shall be due them after the year Above mentioned. .
Extract from the Minutes Charles Thompson Secratery
51 Journals of the Continental Congress, v. XIV, p. 970-71.
An Estimate of the Arrerage of Prices in December 1778 of the Different Articles of Cloathing Allowed the Soldiers by the Act of Congress September 61h 1777.(52)
the above Estimate formed agreable to an act of Congress of the 16th Instant and is founded on the Information which I have been able to oqtain in this City and on A Retrospect to the Invoices of the Purchaseing agents to the Eastward Dureing the above month of December 1778.
A True Coppy
In Congress November 25th 1779(55)
Whereas Congress by Sundry Resolutions have Provided that Cloathing be Furnished to officers of the Line and Others at Prices Proportioned to their Pay but no Enumaration of the articles Included to be Comprehended in a Suit of Cloaths haveing been made or any Rules Explecitly Laid Down for the Delivery of or payment of the Same.
Resolved that the following Articles be Delivered for the Current and Every Succeeding year of their Service to the officers of the Line and Staff Intitled by any Resolution of Congress to Receive the Same Viz,
one Watch Coate
52 Journals of the Continental Congress, v. VIII, p. 715-18.
53 Total is incorrect.
54 James Wilkinson became clothier general of the Continental Army July 24, 1779.He resigned from this office March 27, 1781. Heitman, Historical Register, p. 592,
55 Journals of the Continental Congress, v. XV, p. 1303-06.
one Body Coate
four Vests one for Winter and three for Summer
four pair Breeches two for winter and two for Summer
Six pair Stockings three for winter and 3 for Summer
four pair Shoes
for which Articles of Cloathing the officers Shall Pay on Receipt thereof one half more than the Prices at which the Same ware Currenly Sold for before the Commencment of Hostilities in April 1775 and for this End the Purchaseing agent Employed on Continential account Shall transmit to the Cloathier Genl with the Cloathing they Shall Respectively Purchase the Prices marked thereon at the Rates afore Said and also Correct Invoices of the Same and Coppies of Such Rates and Invoices to the Board of war. and all Cloathing Purchased on Continential account by the Respective States Shall be Valued and marked and Invoices in Like manner and Coppies of Such Invoices and Rates also transmited to the Board of war and Clotheir Genl. the Cloathing So Purchased Shall be Destributed to and among the Sub or State Cloathiers to be Issued by them to the Regimental Cloathiers and by the Latter to the officers of the Regiment and Corps and the Said Regimental Cloathier Shall Receive from the officers on Delivery of the Cloathing the Prices thereof so fixed and they Shall Every three months Settle their accounts of monies Received for Cloathing with the Audetors of the army in which they Shall Serve and pay the money which in Such Settlements Shall be found Chargable to them or in their hands to the paymaster Genl or Deputy Pay master Genl of the army or Detachment in which Such Regimental Clothiers Shall Serve and the Said pay master Genl or Deputy Pay Master Genl Shall make Returns of the amount of all Such monies So Received to the Board of the treasuary that the Said Pay master Genl or Deputy Pay master Genl may be Duely Charged with the Same. the Auditors makeing Such Settlement with the Regimental Cloathier Shall transmit to the Pay master or Deputy Pay master Genl Abstracts of Such Settlements Specifying the Ballance Due from the Regimental Cloathiers Respectively. that in Case of Neglect they may be Duely Called on for Payment of the Same Coppies of Such Abstracts Shall also be transmited to the Board of treasury Excepting from this Rule of Distribution all Staff officers not taken from the Line who are to Receive their Cloathing Emediatly from the Cloathier Genl or if Atached to the Corps of or Resideing in any State at a Distance from the Cloathier Genls Store from the Sub Cloathier of Such State paying for the Same at the Rates aforeSaid and all monies so Received by the Cloathier Genl or Sub or State Cloathier Shall be Placed to the Credit of the United States and Accounts thereof Duly transmited to the Board of treasury the Cloathier Genl to be Charged in the Settlement of his Contingent accounts with the monies so Received and the Sub or State Cloathier to be accountable for and pay the monies Received by them to the order of the Executive of the State appointing them Respectively and the State to be Charged in its Cloathing Account with the amount of Such monies Excepting also all Staff officers who Receive Commissions on their Expenditures of Publick monies who are not to Receive any Cloathing Provided at Continential Expence. that all Cloathing Issued to non Commissioned officers and Soldiers Inlisted Artificers and Waggoners beyond that allowed them as Bounty Shall also be Valued and Paid for at the Rate before mentioned but no Non Commissioned officer, Soldier, Waggoner or Artificers Shall be Intitled to Purchase in anyone year out of the Publick Store any other Additional Article than those of Hatts Hose Shirts and Shoes and not more of them than are absoludy Necessary and not Exceeding the Number of the Like articles allowed as their Bounty Cloathing.
That all the Cloathing before mentioned for officers in the Line and Soldiers, Shall be Issued on Returns Certifyed by the Commanding officers of the Corps to which they Belong all Cloathing to Staff officers on the Certifycate of their Principal of the Commanding officer of their Corps and to the Waggoners on the Certificate of the Quarter Master Genl one of the assistant Quarter Master Genl Employing them or of the Waggon Master Genl or Deputy Waggon master Genl under whome they Shall Serve.
that no Staff officer, Artificer or Waggoner not being Engaged for at Least one Year Shall Receive Cloathing and if any Such officer Artificer or Waggoner being Engaged for one year or more after Receipt of Such Cloathing Shall Quit the Service before the Expiration of the term for which he or they are or Shall be Engaged he or they Shall for fit and pay the full Value of Such Cloathing and be Subject to all other penalties and Inconveniences attending his or their breach of Contract or Disertion
[In Congress] November 26th 1779(56)
Resolved that the Returns for Cloathing for officers in the Medical Staff Regimental Surgons and their Mates who are to Draw with the Regimental
56 Journals of the Continental Congress, v. XV. p. 1313-14.
Staff Excepted be Signed by the Doctor Genl or the Physian Genl and the Surgon Genl of the District and Such Cloathing Shall be Delivered when by the Cloathier Genl or any Sub Cloathier in the State in which the officer to Receive Cloathing Shall Reside as is Provided in the Cases of other Staff officers not taken from the Line that no Cloathing Shall be Sold or Deliverd to non Commissioned officers or Soldiers beyond the articles they have Received as their Bounty until the whole of the army Shall have Received their Bounty Cloathing it being the Intention hereof that the Surplus only Shall be Disposed of.
Extracts from the minutes
Signed Charles Thompson Secratary
The Genl Has the Plasure to Inform the Brigade that the Legislature of the State of New York from a Conciousness of the Meritorious Services of the officers and men Raised Under their Direction, have Past the Following Concurent Resolutions.
State of New York in Sinnate Feby 15th 80(57)
Resolved if the Honourable the House of Assembly Concur herein that his Excellency the Govenor be Requested to Write to Brigadeir Genl James Clinton Desireing him to assure the officers and Soldiers of this State, in the Service of the United States, that the Legislature have a high Sence of their Services that they have paid due Attention to their Memorial and that they are now Deviseing ways and Means to Provide them With Cloathing and Necessaries, and to make them A Suitable Compensation at the Conclution of the War, ordered that Mr Ward Carry A Coppy of the aforegoing Resolution to the Honourable the House of Assembly.
February the 16th 1780.
A Message from the Honourable the House of Assembly by Mr Sacket and Mr Hopkins Was Received With A Resolution of the Concurrance of that Honourable House With this Sinnate, in Resolution of Yesterday that his Excellency the Covenor be Requested to Write to Brigadier Genl James Clinton Desireing him to Assure the officers and Soldiers of the Troops of this State in the Service of the United States, the Legislature have A high Sense of their Services and are Devising means to make A Suitable Provision for them.
57 Votes and Proceedings of the Senate of the State of New York at their Third Session, p. 72.
Ordered that Mr Parks Wait upon his Excellency the Govenor With Coppies of the Resolutions of this Sinnate, of Yesterday, and of the aforegoing Message of the Concurrance of the Honourable the House of assembly thereto.
Extract from the Munites Robert Benson Clark
In Congress March 23d 1779(58)
Ordinance for the Regulating the Cloathing Department, for the armies of the United States, there Shall be A Cloathier Genl a Sub or State Cloathier for Each State and a Regimental Cloathier,- the Cloathier Genl is to be subject to the Orders of the Board of War and Commander in Chief he is to furnish Estimates of the Supplies Wanted for the army to Apply to the Commander in Chief and Board of War for assistance therein to make Returns of such Estimates to them Respectively to Receive all supplies Imported from Abroad and Purchased in the Country by Continential agents to superintend the Distribution thereof to the state Cloathier to settle accounts With them at least Every Six months to keep Regular Accounts of all the Cloathing he shall Receive as Well as of the Distribution thereof among the state Cloathiers and to transmit his Accounts twice in Every Year to the Board of treasury and to settle them in the Chambrs of accounts When Required and Generally to take Care on the one hand that Justice is done to the Publick and on the other hand that the army Shall Receive Whatever Shall be allowed them in a Regular Direct & Seasonable manner and at the same time so Act betwen the Continent and Each State in Particular that Equal and Impartial Justice may be done on all sides, a Sub or state Cloathier is to be Appointed by Each state Respectively to Reside With or near the army or such Detachment thereof in Which the troops of the said state may be as the Commander in Chief shall Direct the better to know and supply their Want the state Appointing him is to be answerable for his Conduct in Case of Neglect or Misbehaviour he is to be Displaced by the Commander in Chief and his succossor to be Appointed by the state to Which he belongd he is to Receive from the Cloathier Genl the Proportion of Cloathing assigned for the troops of his state out of the Publick Cloathing Imported or Purchased by Continential agents and from the State for Which he is appointed all the Cloathing Which may at Continential Expenc [e] be Purchased in such states of the Latter,
58 Journals of the Continental Congress v. XIII, p, 353-57.
their Quallity and Price he shall transmit Exact Accounts to the 'Cloathier Genl and When Required submit the several articles to the Inspection of the Cloathier Genl or any Person for that Purpose Appointed by him, he is to Issue all Cloathing supplyed as aforesaid to the Regimental Cloathiers on Returns Signed by the officers Commanding Regiments he is to keep Exact Returns of Each Regiment Inspect those of the Regimental Cloathiers see that all articles Delivered them are Duely Delivered to the troops and that all the Cloathing Procured at Continential Expence above the allowance made by Congress Drawn by Non Commissioned officers and Privates is Charged to them and Credited to the Pay Roll and that the Commissioned officers Receive What is Credited to them and no more. he is to keep an Exact account With the Cloathier Genl in behalf of the Pub lick Charging the united states only With what is allowed to the officers and men Whenever the troops of any state shall have Received their Proportion of Cloathing from the Continential stores the surplus Purchased at Continential Expence by the state to Which they belong or from both and there shall Remain A surplus Which may be Wanted for other troops not fully supplied the sub Cloathier Possesed thereof is to Deliver the surplus to such other state Cloathier as the Cloathier Genl shall Direct takeing Duplicate Invoies and Receipts from the state Cloathier to Whome they shall be transferred one set of Which he is to Deposit With the Cloathier Genl and the other to Return as his own Vouchers the Cloathier Genl on his Part makeing Proper Entries in his Accounts to do Justice to all Concerned. When from a Deficiency in Pub lick stores the troops of any state should not have Received their Allowance of Cloathing the state Cloathier is Without Delay to Report their Wants Particularly Enumerated in a Return for that Purpose to the Executive Authority of the state to Which he belongs Requesting a speedy & adequate supply.
and in Case a state at its own Expence shall Cive and Deposit With him any Cloathing for the more Comfortable subsistance of its Quoto of troops in addition to the Allowance made by Congress he is strictly to Persue the Directions of such state as Well With Respect to the Distribution as the Vouchers for the Delivery and the manner and time of the Setling his Accompts transmiting once in Every Six months the Coppy of such Accompts to the Cloathier Genl and as often and When Ever Required to the state to Which he belongs
The office of Regimental Cloathier shall always be Executed by the Regimental Pay Master he is to be furnished by Captains or officers Commanding Companies With Returns specifying the mens names and the Particular Wants of Each, these he is to Digest into a Proper Regimental Return Which being signed by the officer Commanding the Regiment and Countersigned by himself With A Receipt upon it of the supplies Delivered to the Regiment is to be Lodged With the state Cloathier and become to have a Voucher for the Delivery in his settlement With the Cloathier Genl. he is to keep an Exact Account With Each officer and soldier for Every Article Delivered takeing a Receipt for them as his Voucher for the Delivery he is to Credit them for the Continental Allowance and to Charge them for Everything they Receive making stopages in the Monthly Pay Rolls for Whatever they may fall in Debt to the Pub lick beyond the Allowance and for to Prevent in future Unequal Distribution Either to the officers or soldiers and the Confution and Complaints Which have been heretofore Occationed by Erragular Application from Commanding officers of Regiments to Publick Agents in Different Posts it is hereby strictly Enjoined on those Agents the Cloathier Genl Sub or state Cloathier to Issue no Cloathing on any Pretence Whatever but in the manner before Prescribed, nor shall any Article be Credited to Either of them on settlement of their Accompts Which is not so Issued and Vouched.
and Whereas Discretionary Charges of the Uniforms of Regiments have proved Inconvenient and Expensive the Commander in Chief is theretore hereby Authorized & Directed according to the Circumstances of supplies of Cloathing to fix and Prescribe the Uniform as Well With Regard to the Colour and faceings as the Cut or fashion of the Cloaths to be Worn by the troops of the Respective States and Regiments Which shall as far as Possible be Complyed With by all Purchasing Agents imployed by Congress as Well as by Particular states by the Cloathier Genl sub or state Cloathiers and Regimental Cloathiers and all officers and soldiers in the army of the United states and When Meterials Can be Purchased in Stead of Ready made Cloaths it shall always be Prefend in Order that they may be made up by the T aylors of the several Regiments to save Expences and Prevent the Disadvantages Which the soldiers frequently suffer from their Unfitness, and instead of Breeches Woolen Overhalls for the Winter and Linning for the Summer are to be substituted.
The Honourable the Continential Congress has been Pleased to Come to the following Resolutions.(59)
59 Journals of the Continental Congress, v. XIV, p. 758.
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