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Robert Treat Paine Papers, Volume 3

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Extract from the Minutes of the Continental Congress
Thomson, Charles
In Congress; Decr. 12: 1777

Resolved, That five commissioners be appointed; & that they, or any three of them, be impowered to conduct the inquery into the causes of the failure of the expedition against Rhode Island, & into the conduct of the general officers conducting such expedition:

That they meet for that purpose on the first Monday in Febr: next, at Providence, in the State of Rhode Island & Providence Plantations. That they summon before them the commanding officer, & all the general officers concerned in the conduct of the said expedition, & all such other officers & soldiers, as they may think proper:

That the mode of their inquiry be by question & answer:

That they enquire what number of troops were assembled for the expedition; what number of continental troops, of 15 months men, of militia, of volunteers, of artillerists, or train; & what was the quantity & species of ordinance, & ordinance stores; whether any extra militia were call’d forth; when why & for what time—& what number of men did appear at the post in arms, & when they were dismissed—how long before the time fixed for their rendezvous the commander in chief had knowledge of the number of troops to be employed in the expedition—423whether the necessary preparations were made for a descent on Rhode Island, previous to the time of rendezvous or at any time afterwards— and what those preparations were—when they were in readiness for an attack—and if at any time they were ready, why the attack was postponed from day to day, until the time was expired for which the militia were ordered out—and the particular reasons, why it was each day postponed— what was the force of the enemy on Rhode Island, during the time, the expedition aforesaid was on foot:

That they inquire whether any councils of war were held during the said time; & whether their proceedings & determinations were committed to writing; & if they were, that they require the commanding officer to lay the same before them. That they enquire, what was the quantity of provisions expended during the time, the troops were assembled for carrying on the expedition—What proportion of the provisions was salted, & from what magazines supplied—& if any, & what quantity of fresh provisions might have been obtained for the use of the army, under the command of general Spencer:

That they ask all such further questions, & make such further inquiries by correspondence or otherwise, as they may think will lend to discover the causes of the failure of the said expedition; & that they report to Congress the questions asked, & the answers made; & also a copy of the proceedings & determinations of any & all councils of war, that were held during the time aforesaid together with the opinions of each member of such council, upon matters proposed & debated, if practicable to be obtained, & of all other papers that may be laid before them, or which they may otherwise procure respecting the said expedition.

Congress proceeded to the election of comissioners, & the ballots being taken;

Genl. Whipple of New Hampshire

R.T. Paine Esqr. of Massachusetts Bay

Egbert Benson1 Esqr. of New York

Oliver Elseworth2 Esqr. of Connecticut and

Henry Marchant Esq. of Rhode Island; were elected

Extract from the minutes Chas. Thomson Secy.

MS .

424 1.

Egbert Benson (1746–1833), a 1765 graduate of King’s College, practiced law in New York. In 1776 he was a member of the Provincial Congress. Later he sat on the state’s Council of Safety (1777–1778) and was attorney general (1777–1787). He represented New York in the Continental Congress (1784, 1787, 1788) and in the Federal Congress (1789–1793, 1813). In 1794 he was appointed a justice of the New York Supreme Court and served for seven years ( DAB ).

2.

Oliver Ellsworth (1745–1807) attended Yale and graduated from the College of New Jersey before beginning the practice of law. He served in the Connecticut legislature (1773–1775) and in the Continental Congress (1778–1783). Ellsworth served as the senator from Connecticut in the Federal Congress from 1789 until 1796 when he was appointed as chief justice of the U.S. Supreme Court, a post he retained until 1800 ( ANB ).